HUSAIN ALI ALIAS AUSAIN ALI v. STATE OF U.P. AND ANOTHER
A482/2661/2025 · 2025-02-12
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11269 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11269 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:21045 Court No. - 75 Case :- APPLICATION U/S 482 No. - 2661 of 2025 Applicant :- Husain Ali Alias Ausain Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Isarat Ali,Subhash Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Isarat Ali, learned counsel for the applicant and 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 Case No. 01 of 2025, (State Vs. Husain Ali @ Chhote) arising out of Case Crime No. 0063 of 2024, under Sections 323, 504, 506, 406 of I.P.C., Police Station- Bara, Yamunanagar, (Commissionerate Prayagraj) District- Prayagraj, as well as cognizance/ summoning order 03.01.2025, pending in the Court of Judicial Magistrate-III, Allahabad.
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 applicant, 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 :- 13.2.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad