Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 3500 (ALL)

RADHEY SHYAM AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/382/2025 · 2025-04-21

Sanjay Kumar Pachori

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:60354 Court No. - 72 Case :- APPLICATION U/S 482 No. - 382 of 2025 Applicant :- Radhey Shyam And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. During the course of hearing learned counsel for the applicants is permitted to correct the prayer clause. Sri Manoj Kumar Srivastava, learned counsel for the applicants and Sri Ashwani Kumar Rai, learned A.G.A. for the State and perused the material on record. The present application under Section r82 Cr.P.C has been filed to quash the entire proceedings of Criminal Case No.640 of 2024, (State Vs. Radhey Shyam and others) arising out of Case Crime No. 155 of 2024, under Sections 452, 323, 504 and 506 of IPC, Police Station- Kotwali Gursahaiganj, District- Kannauj, as well as cognizance/ summoning order 14.06.2024, pending in the Court of Additional Chief Judicial Magistrate, Kannauj. 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 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. The application stands disposed of with the aforesaid liberty. Order Date :- 22.4.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad