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2025 DAILYLAW 174767 (ALL)

SACHIN YADAV v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/9627/2025 · 2025-11-15

Tej Pratap Tiwari

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9627 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri M.P. Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. 2. The present application under Section 482 Cr.P.C., has been filed to quash the entire proceeding arising out of Final Report/Chart sheet report no. 01 dated 02.03.2024 along with summoning order dated 02.04.2024, under Sections 354-B, 323, 506 I.P.C., Police Station Bandhuakalan, District Sultanpur, pending in the Court of Additional Civil Judge (Junior Division), Court No. 34 / Judicial Magistrate, Sultanpur. 3. 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. 4. 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. 5. In case bail application is filed by the learned counsel for the applicants, 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 Versus Counsel for Applicant(s) : Utkarsh Yadav, Mata Prasad Yadav Counsel for Opposite Party(s) : G.A. Sachin Yadav .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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. 6. The application stands disposed of with the aforesaid liberty. November 15, 2025 Manoj A482 No. 9627 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad, Lucknow Bench