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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 2195 of 2020 Court No. - 29 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard Ms. Rinki Gautam, Advocate, holding brief of Shri Ashutosh Misra, learned counsel for the applicant, Shri Ashok Srivastava, learned A.G.A. for the State as well as Ms. Reshu Sharma, Advocate, holding brief of Shri Anuj Dayal, learned counsel for the opposite party No.2 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed for quashing of charge sheet No. 01 dated 07.06.2019 as well as summoning order dated 08.01.2020 passed by the court of learned Judicial Magistrate First, Lucknow in Criminal Case No. 76 of 2020, arising out of Case Crime No. 0015 of 2019, under Section 420, 504, 506 I.P.C., Police Station Para, District Lucknow. 3. On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicant. 4. This Court in exercise of its power under section 482 Cr.P.C., is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected. 5. At this stage, the learned counsel for the applicant submits that the applicant has so far not been arrested in the above case and the police is seeking to arrest the applicant and there may be coercive processes issued against the applicant by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicant. Versus Counsel for Applicant(s) : Ashutosh Misra Counsel for Opposite Party(s) : G.A., Anuj Dayal, Pawan Srivastava Deepak Gupta .....Applicant(s) State Of U.P. And Anr. .....Opposite Party(s)
6. As the Apex Court in Satendra Kumar Antil Vs.
Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021), has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex court. 7. With the aforesaid observations, the application is disposed off. December 9, 2025 Mustaqeem A482 No. 2195 of 2020 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad, Lucknow Bench