Citation : 2024 Latest Caselaw 36582 ALL
Judgement Date : 7 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:174698 Court No. - 77 Case :- APPLICATION U/S 482 No. - 26915 of 2024 Applicant :- Ram Lagan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Sri Deepak Kumar Tripathi, learned counsel for the applicants and Sri Tej Bhan Singh, 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 Session Trial No. 80 of 2023, arising out of Case Crime No. 341 of 2022, under Sections 308, 323, 325, 504, 506 of I.P.C., Police Station- Bakhira, District- Sant Kabir Nagar, as well as cognizance/summoning order dated 2.2.2023, pending in the Court of Additional Sessions Judge/Special Judge, POCSO Act.
Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have been submitted against them. It is further submitted that the offence is punishable up to 7 years imprisonment.
After some arguments, learned counsel for the applicants 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 applicants, 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 :- 7.11.2024/A.P. Pandey
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