Avnish Yadav vs State Of U.P. And Another
2023 Latest Caselaw 14914 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:102100
 
Court No. - 33
 

 
Case :- APPLICATION U/S 482 No. - 17493 of 2023
 

 
Applicant :- Avnish Yadav
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashwani Kumar Pathak
 
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 proceeding of the Case No.45703 of 2022, Case Crime No.248 of 2021, under Sections 147, 323, 504 and 506 I.P.C., Police Station-Jhagha, District-Gorakhpur (State vs. Ram Suresh Yadav and Others) arising out of charge-sheet dated 26.07.2021 and cognizance and summoning order dated 15.11.2022 pending before the Additional Chief Judicial Magistrate, I, District-Gorakhpur.

2. After some arguments learned counsel appearing for the applicant submits that the offences for which the applicant has been issued non bailable warrant/summoning order entails sentence up to 7 years, and if the applicant surrender before the trial court concerned and applies for bail, he 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 to surrender before the trial Court within a period of 15 days and apply for regular bail. Trial Court is directed to consider the bail application of the applicant in accordance with law and also take into account the law laid down by the Supreme Court.

4. For a period of 15 days no coercive action shall be taken against the applicant in pursuance of the impugned proceedings.

(Dinesh Kumar Singh, J.)

Order Date :- 11.5.2023

Piyush/-