Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:60596 Court No. - 72 Case :- APPLICATION U/S 482 No. - 310 of 2025 Applicant :- Tarak Nath Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.M.Faraz I. Kazmi Counsel for Opposite Party :- G.A.,Jitendra Kumar Singh,Piyush Ranjan Pandey Hon'ble Sanjay Kumar Pachori,J.
1. Heard Sri Brijesh Kumar Srivastava, learned counsel for the applicants and Sri Manoj Kumar Singh, 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 entire proceedings of Criminal Case No. 13420 of 2024 arising out of Case Crime No. 1051 of 2023 under Sections 420, 406, 323, 504, 506 of I.P.C., Police Station- Kotwali, District Deoria, as well as charge sheet no. A342 of 2024 dated 13.06.2024 and cognizance/summoning order dated 12.09.2024 pending in the court of Chief Judicial Magistrate, Deoria. 3. 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. 4. Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused. 5. 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. 6. 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 except a better exercise of discretion on the part of the court in favour of the accused. 7. The application stands disposed of with the aforesaid liberty.
Order Date :- 22.4.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad