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Neutral Citation No. - 2025:AHC:35500 Court No. - 75 Case :- APPLICATION U/S 482 No. - 35118 of 2024 Applicant :- Vansh Lal Verma And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Vishwadeep Patel Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Vishwadeep Patel, learned counsel for the applicants and Sri Manoj Kumar Singh, 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 Criminal Case No.13780 of 2024, (State Vs. Vanshlal Verma) arising out of Case Crime No. 93 of 2023, under Sections 308, 323, 504 and 506 of I.P.C., Police Station- Bindki, District- Fatehpur, as well as charge sheet dated 22.04.2023, pending in the Court of Additional Chief Judicial Magistrate, Fatehpur.
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, (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 except 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 :- 10.3.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad