Citation : 2024 Latest Caselaw 36799 ALL
Judgement Date : 8 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:175851 Court No. - 77 Case :- APPLICATION U/S 482 No. - 37782 of 2024 Applicant :- Ajora Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Sri Ashwani Kumar, learned counsel for the applicants and 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. 3086 of 2015, (State Vs. Yogendra and others) arising out of Case Crime No. 183 of 2015, under Sections 308, 147, 325, 504 of I.P.C., Police Station- Kampiarganj, District- Gorakhpur, as well as order dated 7.12.2022, by which non bailable warrant has been issued.
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 :- 8.11.2024
A.P. Pandey
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