ANIL JOSAN ALIAS DEEPU v. STATE OF U.P. AND ANOTHER
A482/4102/2025 · 2025-02-10
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14955 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14955 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:20461 Court No. - 75 Case :- APPLICATION U/S 482 No. - 4102 of 2025 Applicant :- Anil Josan Alias Deepu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwakar Tiwari,Sanjay Shukla Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Diwakar Tiwari, 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 order dated 28.5.2019, passed by the Judicial Magistrate, Khair, in Criminal Case No. 365 of 2018, (State Vs. Anil Josan @ Deepur) arising out of Case Crime No. 333 of 2018, under Sections 420, 406 and 506 of I.P.C., Police Station- Khair, District- Aligarh, whereby non-bailable warrant has been issued.
Learned counsel for the applicants 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 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 :- 11.2.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad