NIL GAGAN MAURYA BUDDHU v. STATE OF U.P. AND ANOTHER
A482/3115/2025 · 2025-05-05
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12973 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12973 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:72063 Court No. - 72 Case :- APPLICATION U/S 482 No. - 3115 of 2025 Applicant :- Nil Gagan Maurya Buddhu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vidya Dhar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Vidya Dhar Yadav, learned counsel for the applicant and Sri Pushpraj 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 by the applicant to quash the entire proceedings of Criminal Case No. 467 of 2023 (State Vs. Nil Gagan Maurya) arising out of Case Crime No. 314 of 2022, under Section 354-A of I.P.C., Police Station- Kotwali, District- Jaunpur as well as cognizance/summoning order dated 16.3.2023, pending in the Court of Chief Judicial Magistrate, Court No. 11, 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 :- 6.5.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad