Allahabad High Court
Kuldeep Pal @ Kuldeep Kumar vs State Of U.P. And Another on 3 October, 2023
Bench: Dinesh Pathak
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:188761
Court No. - 90
Case :- APPLICATION U/S 482 No. - 12291 of 2023
Applicant :- Kuldeep Pal @ Kuldeep Kumar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Lal Mani Singh,Praveen Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. The present applicant has invoked the inherent power of this Court under Section 482 CrPC beseeching the quashing of non-bailable warrant dated 26.8.2020, charge sheet dated 6.2.2020 as well as entire criminal proceeding of Session Case No. 659 of 2020 (State Vs. Bauwan Chaurasia and others) arising out of the Case Crime No. 0230 of 2019, under Section 3(1) of UP Gangster & Anti Social Activities (Prevention Act, 1986), Police Station Sachendi, District Kanpur Nagar pending before Additional District Judge (Gangster Act), Kanpur Nagar.
3. While entertaining the instant matter, this Court has passed order dated 6.9.2023, which is quoted hereinbelow:-
"It is submitted by learned counsel for the applicant that the present applicant has illegally been inculpated under Section 3(1) of the U.P. Gangster & Anti Social Activities (Prevention) Act, 1986 on the basis of solitary case i.e. Case Crime No. 486 of 2018 under Section 60/63 Excise Act, however, till date no charge-sheet has been submitted against the present applicant in the aforesaid case.
In paragraph 29 of the affidavit, filed in support of the instant application, specific averment has been made in this regard. Perusal of the gang chart (page no. 47 of the paper book) reveals that charge-sheet no. 55 of 2019 dated 20.02.2019 has been filed in Case Crime No. 486 of 2018.
Learned A.G.A. prays for and is granted a week's time to produce the charge-sheet no. 55 of 2019 dated 20.02.2019, as mentioned in the gang chart.
Put up this matter as fresh on 14.09.2023.
Copy of the order may be provided to the learned A.G.A. today itself. "
4. In pursuance of the order dated 6.9.2023, learned AGA has filed his compliance affidavit dated 13.9.2023 along with copy of the charge sheet dated 20/21.2.2019 which was filed by the Investigating Officer in case crime No. 486 of 2018.
5. Perusal of the charge sheet reveals that the present applicant namely Kuldeep Pal has been arraigned as an accused along with other co-accused in case crime No. 486 of 2018.
6. In this conspectus, as above, the basis of the statement as is being raised by the learned counsel for the applicant is factually incorrect and has got no substance in the eye of law. I do not find any abuse of the process of law or any justifiable ground to pass any order to secure the ends of justice. As such, there is no force in the instant application. Accordingly, the prayer of quashing as made in instant application is hereby refused.
7. Before parting, learned counsel for the applicant submits that in all sections, as mentioned in the FIR, maximum punishment is seven years or less than 7 years, therefore, the bail application if filed by the present applicant may be considered in the light of the dictum of Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 Supreme Court Cases 773. In the cited case, Hon'ble Supreme Court has given certain guidelines for deciding the bail applications by categorising the offences.
8. Considering the entire facts and circumstances of the case and the dictum of Hon'ble Supreme Court, I think it appropriate that in case, the present applicant appears/surrenders before the concerned court below and move bail application within two weeks, the same shall be considered and decided in accordance with law, considering the judgment of Hon'ble Supreme Court, expeditiously as early as possible.
9. With the aforesaid observation, this application is disposed of.
Order Date :- 3.10.2023
vinay
