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Neutral Citation No. - 2025:AHC:114312 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 24579 of 2025 Applicant :- Devendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Gangwar Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This application has been filed for quashing of the proceedings of Case No. 938 of 2025 (State Vs. Devendra Singh) arising out of Case Crime No. 185 of 2024 under Section 507 I.P.C., and Section 67 of Information Technology (Amendment) Act, Police Station Subhash Nagar, District Bareilly pending before learned Chief Judicial Magistrate, Bareilly as well as to quash charge sheet dated 04.10.2024 and also the cognizance order dated 05.02.2025 passed in the aforesaid case.
3. On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicant.
4. This Court in exercise of its power under section 482 Cr.P.C., is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected.
5. At this stage, the learned counsel for the applicant submits that the applicant has so far not been arrested in the above case and the police is seeking to arrest the applicant and there may be coercive processes issued against the applicant by the court concerned therefore, some direction may be issued to the court concerned for
consideration of the bail prayer of the applicant.
6. As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021) has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing
consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex court.
7. With the aforesaid observations, the application is disposed off.
Order Date :- 15.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad