ARUN YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER
A482/9677/2025 · 2025-11-15
Tej Pratap Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195578 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195578 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9677 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J.
1. Heard learned counsel for the parties 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 08.10.2020 in Case Crime No.0506/2020, under Sections - 323, 504, 325 IPC and 3 (1) (d), 3 (1) (dha) SC/ ST Act, police station - Kakori, District Lucknow against the petitioners pending before the Court of Special Judge (SC/ST) Act, Lucknow contained as Annexure No.1. Further prayer has been made to stay the proceedings including cognizance order dated 16.10.2021, issued against the petitioners/ applicants in Sessions Trial No.2097/2021, Case Crime No.0506/2020, under Sections - 323, 504, 325 IPC and 3 (1) (d) 3 (1) (dha) SC/ ST Act, police station - Kakori, District 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. Versus Counsel for Applicant(s) : Ankur Yadav, Pradeep Kumar Yadav, Puneet Tripathi Counsel for Opposite Party(s) : G.A. Arun Yadav And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s)
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 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 mks A482 No. 9677 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench