Kailash vs State Of U.P. And Another
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Allahabad High Court

Kailash vs State Of U.P. And Another on 11 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:176216
 
Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 18101 of 2024
 

 
Applicant :- Kailash
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Arvind Singh,Jai Prakash Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Sameer Yadav, Advocate holding brief of Sri J.P. Yadav, learned counsel for the applicant 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 Criminal Case No. 68797 of 2023, arising out of Case Crime No. 232 of 2022, under Sections 323, 325, 452, 504, 506, 308 of I.P.C., Police Station- Ram Nagar, District- Varanasi, as well as cognizance/summoning order dated 4.4.2023, pending in the Court of A.C.J.M.-VI, Varanasi.

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 :- 11.11.2024

A.P. Pandey