Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 108819 (ALL)

SONU ALIAS KRISHNA YADAV v. STATE OF U.P. AND ANOTHER

A482/40836/2024 · 2025-02-26

Sanjay Kumar Pachori

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:27150 Court No. - 75 Case :- APPLICATION U/S 482 No. - 40836 of 2024 Applicant :- Sonu Alias Krishna Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pushpendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Pushpendra Kumar Yadav, 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 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of Criminal Case No. 29367 of 2021, (State Vs. Sonu Yadav), arising out of Case Crime No. 459 of 2020, under Sections 147, 323, 504, 506 and 325 of I.P.C., Police Station- Baragaon, District- Varanasi as well as cognizance/ summoning order 26.10.2021, pending in the Court of Additional Chief Judicial Magistrate-7, Varanasi. Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has 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 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 :- 27.2.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad