Umesh Yadav vs State Of U.P. And Another
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Allahabad High Court

Umesh Yadav 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:94999
 
Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 33181 of 2024
 

 
Applicant :- Umesh Yadav
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Dinesh Kumar Maurya,Ram Raj Prajapati
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Heard Sri D.K. Maurya, 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 Cr.P.C. has been filed to quash the entire proceedings of Complaint Case No. 3075 of 2023 (Sindhu Yadav vs. Umesh Yadav and others) as well as cognizance/ summoning order dated 02.05.2024, by which learned Magistrate took cognizance under Sections 323, 504, 506, 354 IPC, pending in the Court of Additional Chief Judicial Magistrate Ist, Ballia.

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 applicant, 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

MAA/-