Colonel Gurwinder Singh Sidhu And ... vs State Of U.P. And Another
2023 Latest Caselaw 14919 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:102192
 
Court No. - 33
 

 
Case :- APPLICATION U/S 482 No. - 16308 of 2023
 

 
Applicant :- Colonel Gurwinder Singh Sidhu And 7 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Saumitra Dwivedi
 
Counsel for Opposite Party :- G.A.,Shashi Kant Sharma,Yogendra Singh Bohra
 

 
Hon'ble Dinesh Kumar Singh,J.

1. Heard Sri Vinay Saran, Senior Advocate assisted by Sri Saumitra Dwivedi, Sri R.K. Yadav holding brief of Sri Y.S. Bohra and Sri JPS Chauhan, learned A.G.A.

2. Present application under Section 482 Cr.P.C. has been filed seeking quashing of cognizance/summoning order of Case Crime No.377 of 2022, under Sections 147, 323, 504, 506, 380 and 427 I.P.C., Police Station-Sector 113, District-Gautam Buddha Nagar pending in the Court of learned Addl. Chief Judicial Magistrate, Gautam Buddha Nagar .

3. 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.

4. 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.

5. 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.