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Neutral Citation No. - 2025:AHC:6022 Court No. - 75 Case :- APPLICATION U/S 482 No. - 706 of 2025 Applicant :- Anil Kumar Sonkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sheo Prasad Yadav,Shri Niwash Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Sheo Prasad Yadav, learned counsel for the applicant and Sri S.P. Maurya, 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 order dated 22.04.2024 passed by Additional Chief Judicial Magistrate, Court No. 11, Azamgarh in Case No. 280 of 2022 (State vs. Vishal Sonkar and others), arising out of case crime No. 0023 of 2021, under Sections 147, 323, 452, 308, 427, 506, 504 I.P.C., Police Station-Phoolpur, District-Azamgarh, whereby Non Bailable Warrant has been issued against the applicant.
Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has 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, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941. The application stands disposed of with the aforesaid liberty.
Order Date :- 10.1.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad