Prempal vs State Of U.P. And Another
2024 Latest Caselaw 36449 ALL

Allahabad High Court

Prempal vs State Of U.P. And Another on 6 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:174173
 
Court No. - 77
 
Case :- APPLICATION U/S 482 No. - 35421 of 2024
 
Applicant :- Prempal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Janardan Prasad Tripathi,Shashi Bhushan Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Heard Ms. Nirma Mishra, Advocate, holding brief of Sri Janardan Prsad Tripathi, learned counsel for the applicant and Sri Ashwani Kumar Rai, learned A.G.A. for the State and perused the material on record.

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 2468 of 2024, (State Vs. Prempal) arising out of Case Crime No. 8 of 2023, under Sections 323, 332, 341, 353, 504 and 506 of I.P.C., Police Station- Tappal, District- Aligarh, as well as summoning/cognizance order dated 4.4.2024, pending in the Court of A.C.J.M. - IV, Aligarh.

Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has been submitted against him. It is further submitted that the offence is punishable up to 7 years imprisonment.

After some arguments, learned counsel for the applicant wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.

In case bail application is filed by the learned counsel for the applicant, the same shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.

The application stands disposed of with the aforesaid liberty.

Order Date :- 6.11.2024/Akram