Neutral Citation No. - 2025:AHC:7001 Court No. - 71 Case :- APPLICATION U/S 482 No. - 38393 of 2024 Applicant :- Rajendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Birendra Singh Khokher Counsel for Opposite Party :- Ankur Tyagi,G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Birendra Singh Khokher, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and Mr. Shubham Jadaun, Advocate, holding brief of Mr. Ankur Tyagi, the learned counsel representing first informant-opposite party-2. 2. Perused the record. 3. Applicant-Rajendra, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer:- "It is, therefore, MOST RESPECTFULLY PRAYED that the Hon'ble Court may be pleased to quash the order dated 29.02.2024 passed by Special Judge (SC/ST Act), Muzaffarnagar in Special S.T. No. 25 of 2023 (State Vs. Virendra and others) arising out of Case Crime No. 25 of 2023 U/S 302, 307, 452, 504, 506, 34 I.P.C. and Section 3/2 (v) SC/ST Act P.S. Jansath District Muzaffarnagar by which Trial Court illegally rejected application of the applicant dated 01.02.2024 as paper no.37Khal by which applicant sought permission from the Trial Court to release the applicant in police custody so that he may be able to create joint account and withdraw some amount in the name and style of his wife Smt.Sudesh wife of Rajendra in current account no. 92000100051785 of Prathma U.P. Grameen Bank Branch Jansath District Muzaffarnagar so that she may be able to arrange bread and butter for the entire family otherwise entire family scummed due to non providing bread and butter in the ends of justice so that justice may be done." 4. At the very outset, the learned counsel for applicant submits that in respect of the wife of the brother of present applicant, an order has been passed by this Court on 28.08.2024 in Application U/s 482 Cr.P.C. No. 25196 of 2024 (Virendra Vs. State of U.P. and Another). For ready reference, the order dated 28.08.2024 is reproduced herein below:- "Sri Birendra Singh Khokher, learned counsel for the applicant, Sri Subham Jadaun, learned counsel for opposite party no.2 and Karunakar Singh, learned AGA for the State are present. The present application under Section 482 Cr.P.C. has been filed to quash the order dated 29.02.2024 by Special Judge, SC/ST Act, Muzaffarnagar in Special S.T. No.25 of 2023 (State vs. Virendra and Ors) arising out of Case Crime No.25 of 2023, under Sections 302, 307, 452, 504, 506, 34 IPC and Section 3/2 (v) SC/ST Act, P.S. Jansath, District Muzaffarnagar whereby the trial court rejected the application which have been sought permission from the trial court to release the application in police custody to withdraw some amount from current account in Prathama U.P. Grameen Bank, Branch Jansath, District Muzaffarnagar. Learned counsel for the applicant fairly admits that the bail application of the present applicant has been rejected by a coordinate bench of this Court. It is further submitted that joint current account in the name of the present applicant and his brother Rajendra is in operation in Prathama U.P. Grameen Bank, Branch Jansath, Muzaffarnagar. The applicant and his brother are in jail since 28.03.2023, more than one years has already been passed. Except the applicant and his brother, no other family member earn livelihood and the entire family of the applicant and his brother at the verge of starvation. The applicant wants to withdraw some amount from his current account no. 92000100051785 and wants his wife to added in joint account for operation in future. In view of the above facts and circumstances, it is convenient in present circumstances for withdrawing money by applicant and adding his wife as a joint account holder on permission of applicant and his brother. The applicant and his brother Rajendra having joint current account no. 92000100051785 in Prathama U.P. Grameen Bank, Branch Jansath, District Muzaffarnagar. The Branch Manager Prathama U.P. Grameen Bank, Branch Jansath, District Muzaffarnagar is directed to complete the formalities of addition of wife of present applicant after giving consent by applicant and his brother for operation of a joint current account No. 92000100051785 and complete the proceeding of withdrawing money from the joint account on the basis of consent of applicant and his brother in favour of the wife of the present applicant after identifying herself before the jail authorities. The Branch Manager Prathama U.P. Grameen Bank, Branch Jansath, District Muzaffarnagar as well as Jail Superintendent, Muzaffarnagar comply the order within one month from today. A certified copy of this order is served to the Branch Manager and Jail Superientendent through Dasti mode. Accordingly, the present application under Section 482 Cr.P.C. is disposed of." 5. On the above premise, the learned counsel for applicant submits that since order has already been passed in favour of wife of the brother of applicant, no reason exists to deny the same benefit to the wife of present applicant. As both the brothers are in jail and therefore, the bank account, which is a joint account, cannot be operated. As such, the present application be decided in terms of order dated 28.08.2024 passed by this Court. 6. Learned A.G.A. for State-opposite party-1 and Mr. Shubham Jadaun, the learned counsel representing first informant-opposite party-2 do not oppose the present application. They submit that the case of present applicant is similar and identical to that of Virendra, in whose favur, the order dated 28.08.2024 has already been passed by this Court. 7. In view of above, the present applications succeeds and is liable to be allowed. 8. It is, accordingly, allowed on the same terms and condition as provided in the order dated 28.08.2024 passed by this Court in Application U/s 482 Cr.P.C. No. 25196 of 2024 (Virendra Vs. State of U.P. and Another). Order Date :- 16.1.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad