Kamlesh Kumar And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 14900 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:102322
 
Court No. - 33
 

 
Case :- APPLICATION U/S 482 No. - 17631 of 2023
 

 
Applicant :- Kamlesh Kumar And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohd. Monis
 
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.10431 of 2023 (State versus Kamlesh Kumar & Others) arising out of Case Crime No.09 of 2023, under Sections 323, 504 and 308 I.P.C., Police Station-Hathgaon, District-Fatehpur including charge sheet dated 20.01.2023 as well as cognizance/summoning order dated 17.04.2023 passed by learned Addl. Civil Judge (J.D.)/Judicial Magistrate-IV, Fatherpur.

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.