SOMESH KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/42738/2024 · 2025-01-15
Samit Gopal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111109 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111109 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:6679 Court No. - 78 Case :- APPLICATION U/S 482 No. - 42738 of 2024 Applicant :- Somesh Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Sunil Kumar Yadav, learned counsel for the applicants, Sri Ajay Singh, learned A.G.A-1 for the State and perused the record.
3. The present application under Section 482 Cr.P.C. has been filed by the applicants-Somesh Kumar, Somendra Kumar @ Shiva, Smt. Ravina and Smt. Sarvesh @ Sarvesh with the prayer to allow the present application and quash the impugned charge sheet no.122 of 2023, dated 17.8.2023, cognizance and summoning order dated 3.9.2024 as well as entire proceedings of Case No.1353 of 2024 (State Vs. Somesh Kumar and others) (Case Crime No.113 of 2023) u/s 147, 452, 323, 504, 506, 325 IPC, P.S. Nidhuli Kalan, District Etah with a further prayer that further proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.
4. Learned counsel for the applicants submits that the applicant no.3 Smt. Ravina is the wife of applicant no.1 and applicant no.4 is the mother of the applicant no.1 and both are ladies who have been falsely implicated in the present case. He further submits 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 four weeks from today and file a regular bail application.
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 four 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 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad