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2025 DAILYLAW 59678 (ALL)

LAXMI KANT MISHRA v. State of U.P. AND ANOTHER

A482/15055/2024 · 2025-02-12

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20586 Court No. - 75 Case :- APPLICATION U/S 482 No. - 15055 of 2024 Applicant :- Laxmi Kant Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Pandey,Kundan Kumar,Shivendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Anoop Pandey, learned counsel for the applicant and Sri Pushpraj, learned Brief Holder 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 entire proceedings of Criminal Case No. 116194 of 2023, arising out of Case Crime No.116 of 2021, under Sections 323, 504 and 506 of I.P.C., Police Station- Panki, District- Kanpur Nagar, as well as charge sheet dated27.05.2021, pending in the Court of Chief Metropolitan Magistrate, Kanpur Nagar. It is pointed out that applicant was directed to deposit a sum of Rs. 30,000/- within three weeks, vide order dated 17.10.2024 but after lapse of time, the applicant had not complied the order dated 17.10.2024 and the said order was conditional. In view of above, the interim order dated 17.10.2024 is vacated on this ground alone. Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet have been submitted against him. 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 applicant is, hereby, refused. 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. In case bail application is filed by the learned counsel for the applicant, 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 :- 13.2.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad