Surendra Yadav And 7 Others vs State Of U.P. And Another
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Allahabad High Court

Surendra Yadav And 7 Others vs State Of U.P. And Another on 2 June, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:94701
 
Court No. - 50
 

 
Case :- APPLICATION U/S 528 BNSS No. - 15728 of 2025
 

 
Applicant :- Surendra Yadav And 7 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Murli Dhar Yadav,Sohan Lal Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Heard Sri Murli Dhar Yadav, 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 charge-sheet dated 11.02.2018, cognizance/ summoning order dated 31.10.2023 passed in Case No.612 of 2023 (State Vs. Surendra and others), arising out of Case Crime No. 1533 of 2017, under Sections 109, 147, 323, 504, 506, 336, 325, 308, 452 I.P.C., Police Station Shahganj, District Jaunpur, pending in the court of Additional Civil Judge (J.D.) IIIrd/ Judicial Magistrate, Jaunpur.

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.

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

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 judgment 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 expect 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 :- 2.6.2025

AS