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2025 DAILYLAW 184384 (ALL)

PARAS NATH YADAV v. STATE OF U.P. THRU. PRIN. SECY. (HOME) GOVT. OF U.P. LKO. AND ANOTHER

A482/9433/2025 · 2025-11-11

Tej Pratap Tiwari

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9433 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Ramakar Shukla, learned counsel for the applicant and 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 impugned charge sheet dated 02.09.2023 and cognizance/summoning order dated 17.11.2023 passed by Judicial Magistrate, Court No. 34. Sultanpur as well as entire proceedings of Criminal Case No. 251 of 2025, (State Vs. Para Nath and others) arising out of Case Crime No. 152 of 2023, under Sections 323, 504, 506, 452, 308 of I.P.C., Police Station- Bandhuakalan, District- Sultanpur pending in the Court of Judicial Magistrate, Court No. 34. Sultanpur. 3. Learned counsel for the applicant submitted that applicant was not arrested during the course of investigation and the charge-sheet have been submitted against him. It is further submitted that co-accused Ram Prasasd @ Ram Prasad Yadav, Ghanshyam @ Ghanshyam Yadav and Rohit @ Rohit Kumar Yadav have already been granted bail by co- ordinate Bench of this Court vide order dated 30.08.2024 passed in Criminal Misc. Aniticipatory Bail Application U/S 438 Cr.P.C No. 1797 of 2024. It is further submitted that the offence is punishable up to 7 years of imprisonment. 4. During the course of arguments, learned counsel for the applicants Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Paras Nath Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Govt. Of U.P. Lko. And Another .....Opposite Party(s) submitted that he may be permitted 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 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. 6. The application stands disposed of with the aforesaid liberty. November 11, 2025 P.S A482 No. 9433 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad, Lucknow Bench