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2025 DAILYLAW 106427 (ALL)

DEEPAK GUPTA @ RAMAKANT GUPTA AND ANOTHER v. State of U.P. AND ANOTHER

A482/37690/2024 · 2025-01-27

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14027 Court No. - 75 Case :- APPLICATION U/S 482 No. - 37690 of 2024 Applicant :- Deepak Gupta @ Ramakant Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Prasad Kanaujiya Counsel for Opposite Party :- G.A.,Mohd Yasir,Shams Uz Zaman Hon'ble Sanjay Kumar Pachori,J. Sri Narendra Singh, Advocate holding brief of Sri Ram Prasad Kanaujiya, learned counsel for the applicants, Sri Manssor Ali Ansari, Advocate holding brief of Sri Shams Uz Zaman, learned counsel for the opposite party no.2 and Sri Abhishek Kumar, 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. 67414 of 2024 (State Vs. Deepak @ Ramakant Gupta and another), arising out of Case Crime No. 162 of 2024, under Sections 323, 427, 308 of I.P.C., Police Station- Hanumant Vihar, District-Kanpur Nagar, as well as cognizance/ summoning order 25.07.2024, pending in the Court of Additional Civil Judge, (Senior Division), Court No.4, Kanpur Nagar. 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 :- 27.1.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad