SHARAD YADAV ALIAS CHOTU v. STATE OF U.P. AND ANOTHER
NA528/43067/2024 · 2025-04-22
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108680 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108680 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:61729 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 43067 of 2024 Applicant :- Sharad Yadav Alias Chotu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Sharma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Anurag Sharma, learned counsel for the applicant and Sri R.K. Singh, learned A.G.A. for the State and perused the material on record. The present application under Section 528 of B.N.S.S. has been filed to quash the entire proceedings of Criminal Case No. 24 of 2023 (State Vs. Achche Lal and others) arising out of N.C.R. No. 147 of 2020, under Sections 323, 504, 427 of I.P.C., Police Station- Sureri, District- Jaunpur, as well as cognizance/ summoning order 2.2.2023, pending in the Court of Judicial Magistrate-II, Court No. 18, Jaunpur.
Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet have been submitted against him. 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 applicant is, hereby, refused. After some arguments, 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, 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.
Order Date :- 23.4.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad