Allahabad High Court

Kanhaiya Lal vs State Of U.P. And Another on 1 May, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:69572
 
Court No. - 72
 

 
Case :- APPLICATION U/S 482 No. - 1964 of 2025
 

 
Applicant :- Kanhaiya Lal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sandeep Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Delay in filing the application is explained.

Heard Sri Sandeep Kumar Yadav, learned counsel for the applicant 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 order dated 19.12.2000 passed in Case No. 1456 of 1995 (State Vs. Dhruva Chauhan) arising out of Case Crime No. 769 of 1993, under Section 401 of I.P.C., Police Station- Kotwali, District- Deoria, whereby non bailable warrant has been issued and proceedings under Section 82 of Cr.P.C. has been initiated.

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 :- 1.5.2025

A.P. Pandey