Sugreev Mishra And Another vs State Of U.P. And Another
2023 Latest Caselaw 14916 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:101728
 
Court No. - 33
 

 
Case :- APPLICATION U/S 482 No. - 16338 of 2023
 

 
Applicant :- Sugreev Mishra And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Amit Kumar Singh
 
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.21940 of 2022 (State versus Sugreev Mishra & Others) arising out of Case Crime No.258 of 2022, under Sections 323, 504 and 506 I.P.C., Police Station-Khalilabad, District-Sant Kabir Nagar including charge sheet dated 27.05.2022 as well as cognizance/summoning order dated 08.11.2022 passed by learned Chief Judicial Magistrate, Sant Kabir Nagar.

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.

(Dinesh Kumar Singh, J.)

Order Date :- 11.5.2023

Piyush/-