Govind Kumar vs State Of U.P. And Another
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Allahabad High Court

Govind Kumar 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:95364
 
Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 40193 of 2024
 

 
Applicant :- Govind Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Maya Pati Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Heard Sri Maya Pati Pandey, learned counsel for the applicant learned A.G.A. for the State and perused the material on record.

The present application under Section 482 Cr.P.C.has been filed to quash the entire proceedings of Complaint Case No. 3937 of 2023, (Durvijay Vs. Govind Kumar and others), under Sections 419, 420 of I.P.C., Police Station- Khesraha, District- Siddharthnagar, as well as summoning order 15.05.2024 and order dated 16.09.2024 by which N.B.W has been issued, pending in the Court of Civil Judge (J.D.)/Judicial Magistrate, Bansi, Siddharthnagar.

Learned counsel for the applicants submits that applicant was not arrested during the course of investigation and the charge-sheet have 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

PS