Brajesh vs State Of U.P. And Another
2025 Latest Caselaw 4746 ALL

Allahabad High Court

Brajesh vs State Of U.P. And Another on 6 February, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:17210
 
Court No. - 75
 

 
Case :- APPLICATION U/S 482 No. - 31663 of 2024
 

 
Applicant :- Brajesh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sunit Kumar,Yatish Kumar Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Sunit Kumar, 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. 724 of 2024, (State Vs. Shivam and others) arising out of Case Crime No. 103 of 2024, under Sections 452, 323, 504, 506 of I.P.C., Police Station- Kotwali Konch, District- Jalaun, as well as cognizance/ summoning order 08.07.2024 pending in the Court of Additional Civil Judge (Junior Division),/ Judicial Magistrate, Koanch, Jalaun.

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.

Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicant is, hereby, refused.

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 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, (2022) 10 SCC 51, wherein the Supreme Court considering the category(A) as mentioned in the paragraph no. 2, bail applications of such accused against which charge-sheet has been submitted on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided. It has been observed that at the cost of repetition, we wish to state that, in category A, one would except a better exercise of discretion on the part of the court in favour of the accused.

The application stands disposed of with the aforesaid liberty.

Order Date :- 6.2.2025

Ishan