BHOLU CHAND ALIAS SHAILENDRA MOHAN CHAND AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/42801/2024 · 2025-01-15
Samit Gopal
body2025
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[ 2025 DAILYLAW 109023 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109023 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:6661 Court No. - 78 Case :- APPLICATION U/S 482 No. - 42801 of 2024 Applicant :- Bholu Chand Alias Shailendra Mohan Chand And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Rama Shankar Mishra, learned counsel for the applicants and Sri Ajay Singh, learned AGA-I for the State and perused the records.
3. The present application under Section 482 Cr.P.C. has been filed by the applicants- Bholu Chand @ Shailendra Mohan Chand and Rameshwar Chand with the prayer to allow the present application and quash the summoning / cognizance order dated 03.04.2024 passed by Judicial Magistrate, Second, Gorakhpur in Case No. 21024 of 2024 arising out of Case Crime no. 0385 of 2021, under Sections 323, 504, 506, 308 I.P.C. as well as charge sheet No. 01 of 2022 dated 24.07.2022, Police Station Gola, District Gorakhpur.
4. After arguments on merits at length learned counsel for the applicants states that he does not want to press the prayers made in the present petition. He states that the purpose of the applicants would be served if they are permitted to appear before the trial court within a period of two weeks from today and file a regular bail application. Learned counsel for the applicants has drawn the attention of the Court to an order dated 30.09.2024 passed by co- ordinate Bench of this Court in Application U/S 482 Cr.P.C. No. 33051 of 2024 (Surendra Pratap Chandra Urf Sunil Chand and 3 others vs. State of U.P. and another), copy of which has been annexed as annexure-8 to the affidavit and submits that the said
order has been passed in which F.I.R. has been lodged from the side of the applicants immediately after the present case.
5. Learned counsel for the State has no objection of aforesaid
arguments of learned counsel for the applicants.
6. In view of the above, the prayer as prayed for is dismissed as not pressed.
7. However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants appear and apply for bail before the court concerned within two weeks from today, the same shall be considered and decided in accordance with law.
8. The present application is disposed of. (Samit Gopal,J.)
Order Date :- 15.1.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad