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Neutral Citation No. - 2025:AHC:12654 Court No. - 75 Case :- APPLICATION U/S 482 No. - 33378 of 2024 Applicant :- Kullan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Bhushan Rai Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Shashi Bhushan Rai, learned counsel for the applicants 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 the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Case arising out of Case Crime No. 57 of 2018, (State Vs. Kullan and others), under Sections 324, 323, 506, 325, 308 of I.P.C., Police Station- Shankargarh, District- Prayagraj, as well as cognizance/ summoning order 06.01.2020 pending in the Court of Additional Chief Judicial Magistrate-15, Allahabad.
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 judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.
The application stands disposed of with the aforesaid liberty.
Order Date :- 24.1.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad