MAHENDRA PRATAP SINGH AND 3 OTHERS v. State of U.P. AND ANOTHER
A482/37433/2024 · 2025-04-17
Sanjay Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 106280 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106280 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:57810 Court No. - 78 Case :- APPLICATION U/S 482 No. - 37433 of 2024 Applicant :- Mahendra Pratap Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Dwivedi,Surya Bhan Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2-The brief facts of the case which are required to be stated are that:- 2.1- A first information report was lodged on 20.09.2019 for the alleged offence under Sections 409, 419, 420, 406, 467, 468, 471 and 120-B I.P.C. against Mahendra Pratap Singh (applicant no. 1), Sanjay Kumar Verma (applicant no. 2), Ravindra Kumar (applicant no. 3), Devabrata Roy (applicant no.4), Gaurav Kumar Singh and other unknown persons, in which the investigating officer, after due investigation, submitted charge-sheet no. 1 dated 01.02.2020 against the applicants for the offence under Sections 409, 419, 420, 406, 467, 471 and 120-B I.P.C., on which the concerned court below took cognizance on 28.05.2020 and summoned the applicants to face trial. 2.2-The applicants have moved their separate bail applications and they have been granted bail vide orders dated 07.07.2020, 24.11.2020 and 02.12.2020 in Criminal Misc. Bail Application Nos. 18395 of 2020, 14671 of 2020, 26588 of 2020 and 23305 of 2020 respectively. 2.3- Thereafter the investigating officer submitted a supplementary charge-sheet dated 14.08.2023 against the applicants under Section 13(2) Prevention of Corruption Act, on which the concerned court below took cognizance on 19.08.2023 and
summoned the applicants to face trial vide summoning order dated 18.09.2024. 3- In the aforesaid background, the applicants have preferred the instant application under Section 482 Cr.P.C. with a prayer to issue necessary directions to the concerned court below to accept the bail bond of the applicants for added Section 13(2) of Prevention of Corruption Act, pursuant to supplementary charge- sheet dated 14.08.2023 in S.T. No. 330 of 2023 arising out of Case Crime No. 1236 of 2019, under Sections 409, 420, 406, 467, 419, 468, 471, 120-B I.P.C. read with Section 13(2) Prevention of Corruption Act, Police Station Cantt, District Varanasi pending in the court of learned Special Judge, Anti Corruption Act, Court No. 3, Varanasi.
4-At the outset, learned A.G.A. raised a preliminary objection that the relief as sought for by means of this application cannot be granted to the applicants as the applicants have an alternative remedy to obtain regular bail in added sections. 5-In response, learned counsel for the applicants gave up his challenge and confined his prayer requesting to grant some protection to the applicants to surrender before the concerned court below. The
learned counsel for the applicants further stated at the Bar that he is not pressing the prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously. 6-Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period. 7-In view of the above, the relief as sought by the applicants in the instant application is refused. 8-However considering the aforesaid alternative
prayer made by learned counsel for the applicants, it is directed that in case the applicants apply for bail in added Section 13(2) Prevention of Corruption Act, the bail application of the applicants shall be
disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922. 9-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 18.4.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad