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2025 DAILYLAW 21699 (ALL)

RAGHUVIR SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/5726/2025 · 2025-03-02

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30482 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 5726 of 2025 Applicant :- Raghuvir Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Virendra Singh, learned counsel for the applicants and learned A.G.A. for the State and perused the material on record. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 4.12.2024, passed by the Judicial Magistrate, Court No.12, Mathura in Criminal Case No.438/IX of 2015, (State Vs. Raghuvir Singh and Others) arising out of Case Crime No. 418 of 2013, under Sections 379, 504, 506 and 411 of I.P.C., Police Station- Raya, District- Mathura, whereby the non-bailable warrant has been issued. Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet have been submitted against them. It is further submitted that the offence is punishable up to 7 years imprisonment. Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused. 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. 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. The application stands disposed of with the aforesaid liberty. Order Date :- 3.3.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad