SHOBHNATH YADAV AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/2291/2025 · 2025-05-04
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10746 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10746 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 72 Case :- APPLICATION U/S 482 No. - 2291 of 2025 Applicant :- Shobhnath Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishn Kumar,Sunny Prakash Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Krishn Kumar, learned counsel for the applicants and Sri Madvendra Pratap Singh, learned A.G.A. for the State are present. The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire proceedings of Case No. 220 of 2024 (State v. Shobhnath Yadav and Another), arising out of Case Crime No.274 of 2020, under Sections 323, 504 and 506 of IPC, P.S. Kerakat, District Jaunpur, as well as cognizance/summoning order dated 17.09.2024, pending in the Court of Additional Chief Judicial Magistrate, Jaunpur. So far as the Applicant Nos. 1, 2 and 4 are concerned, learned counsel for the applicant 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 Applicant Nos. 1, 2 and 4, the same shall be decided in the light of the observations made in the judgment 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 expect 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 for the Applicant Nos. 1, 2 and 4. So far as the Applicant No. 3 is concerned, learned counsel for the applicants submitted that applicant no.3 is posted in the Indian
Army. It is further submitted that as per medical examination report, liner abrasion over upper base, lacerated wound size 1x0.5 cm over exnerated aspect of right wrist joint and pain lower back were found. It is further submitted that both the parties were neighbors.
It is further submitted that Commanding Officer of the applicant no.3 sent a letter to the Station House Officer (SHO), Police Station Kerakat, District Jaunpur on 15.11.2024, wherein it has been stated that the applicant no.3 Arvind Kumar was serving in Battalion since 2018 and on the date and time of the incident, applicant no.3 Arvind Kumar was present in the Battalion. Prima facie, Matter requires consideration. Notice on behalf of respondent no. 1 has been accepted by learned A.G.A. Issue notice to respondent no. 2 through C.J.M. concerned, returnable at an early date. Learned A.G.A. as well as respondent no. 2 may file their counter affidavits within three weeks. Rejoinder affidavit may thereafter be filed within one week. List this case after eight weeks. Until further orders, further proceedings of aforesaid case shall remain stayed against the applicant no.3 Arvind Kumar. Order Date :- 5.5.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad