Kamlesh Bharti And 4 Others vs State Of U.P. And Another
2025 Latest Caselaw 1247 ALL

Allahabad High Court

Kamlesh Bharti And 4 Others vs State Of U.P. And Another on 4 June, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:95067
 
Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 38037 of 2024
 

 
Applicant :- Kamlesh Bharti And 4 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sudhir Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Heard Sri Sudhir Kumar Tripathi, learned counsel for the applicants and Sri Alok Mishra, learned A.G.A. for the State and perused the material on record.

The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire proceedings of Complaint Case No. 2493 of 2023 as well as cognizance/summoning order dated 6.5.2024, by which learned Magistrate took cognizance under Sections 323, 504, 379 of I.P.C., P.S. Chiluatal, District Gorakhpur, pending in the Court of Additional Civil Judge (S.D.)-II/Additional Chief Judicial Magistrate, Gorakhpur.

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 :- 4.6.2025

A.P. Pandey