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2025 DAILYLAW 200768 (ALL)

DIMPLE SINGH AND 7 OTHERS v. STATE OF U.P. AND ANOTHER

A482/32926/2024 · 2025-10-14

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 32926 of 2024 Court No. - 82 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Shashank Kumar, learned counsel for the applicants, 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 cognizance/summoning order dated 20.01.2023 passed by Chief Judicial Magistrate, Ballia on charge sheet dated 22.07.2019 bearing charge sheet no. 134 of 2019 registered as Case No. 971 of 2023 (State vs. Dimple Singh and others) arising out of Case Crime No. 261 of 2018, under Sections 147, 188, 283, 342, 353, 504 I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Sikandarpur, District Ballia including entire proceedings of the said case. 3. Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet has been submitted against them. It is further submitted that the offence is punishable up to 7 years imprisonment. 4. After some arguments, learned counsel for the applicants 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 Versus Counsel for Applicant(s) : Ram Pravesh Yadav, Shashank Kumar Counsel for Opposite Party(s) : G.A. Dimple Singh And 7 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. October 15, 2025 Manoj A482 No. 32926 of 2024 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad