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2025 DAILYLAW 182091 (ALL)

AMIT KUMAR PANDIT @ BAUWA @ AMIT KUMAR AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO AND ANOTHER

A482/9319/2025 · 2025-11-04

Tej Pratap Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9319 of 2025 Court No. - 29 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard learned counsel for the applicant, learned counsel for the opposite party no. 2, 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 proceedings in Criminal Case No. 80075 of 2025, Crime No. 493 of 2023, under Section 147 of 308 of IPC, at P.S. Thakurganj, District Lucknow as well as the impugned summoning order dated 19.08.2025 and charge-sheet dated 04.10.2023 pending in the Court of Additional chief Judicial Magistrate Vth, Lucknow. 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 Versus Counsel for Applicant(s) : Anand Kumar Counsel for Opposite Party(s) : G.A. Amit Kumar Pandit @ Bauwa @ Amit Kumar And Another .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko And Another .....Opposite Party(s) 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. 6. The application stands disposed of with the aforesaid liberty. November 4, 2025 Anurag A482 No. 9319 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench