Citation : 2025 Latest Caselaw 1273 ALL
Judgement Date : 4 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:95231 Court No. - 50 Case :- APPLICATION U/S 482 No. - 39036 of 2024 Applicant :- Veerbhan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Daya Shankar Vishwakarama Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Heard Mr. Daya Shankar Vishwakarma, learned counsel for the applicants, Mr. Alok Mishra, learned A.G.A. for the State.
This application U/S 482 Cr.P.C. has been filed by the applicants with the prayer to quash the order dated 19.09.2024 passed by learned A.C.J.M./ F.T.C., Fatehgarh, Farrukhabad in Complaint Case No. 2938 of 2022 (Dhaniram @ Bablu Vs. Veerbhan and Ors.), under Sections 323, 325, 504, 506 I.P.C., Police Station Maudarwaja, District Farrukhabad.
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
AS
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