Imtiyag Khan @ Bigu Khan vs State Of U.P. And Another
2023 Latest Caselaw 14899 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:102349
 
Court No. - 33
 

 
Case :- APPLICATION U/S 482 No. - 17632 of 2023
 

 
Applicant :- Imtiyag Khan @ Bigu Khan
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Babu Lal Ram,Kamlesh Kumar Rajbhar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Present application under Section 482 Cr.P.C. has been filed seeking quashing of entire proceeding of Criminal Case No.4991 of 2022 (State versus Imtiyaj @ Bigu Khan) arising out of Case Crime No.137 of 2022, under Sections 308, 323, 504 I.P.C., Police Station-Nagra, District-Ballia including charge sheet dated 05.09.2022 passed by learned Chief Judicial Magistrate, Ballia.

2. After some arguments learned counsel appearing for the applicants submits that the offences for which the applicant(s) has/have been issued non bailable warrant/summoning order entails sentence up to 7 years, and if the applicant(s) surrender(s) before the trial court concerned and applies for bail, he/they should be enlarged on bail in view of the judgment of the Supreme Court in the case of Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021.

3. Considering the aforesaid submission, present application is disposed of with liberty to the applicant(s) to surrender before the trial Court within a period of 10 days and apply for regular bail. Trial Court is directed to consider the bail application of the applicant(s) in accordance with law and also take into account the law laid down by the Supreme Court.

4. For a period of 10 days no coercive action shall be taken against the applicant(s) in pursuance of the impugned proceedings.

Order Date :- 11.5.2023

S.A.