ALI MOHAMMAD ALIAS MUNNA AND 2 OTHERS v. State of U.P. AND ANOTHER
A482/31989/2024 · 2025-02-10
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 98824 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98824 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:19222 Court No. - 75 Case :- APPLICATION U/S 482 No. - 31989 of 2024 Applicant :- Ali Mohammad Alias Munna And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neha Rani,Pawan Kumar Yadav,Satyvendra Singh Yadav Counsel for Opposite Party :- G.A.,Virendra Jaiswal Hon'ble Sanjay Kumar Pachori,J. Sri Satyvendra Singh Yadav, learned counsel for the applicants, Sri Virendra Jaiswal, learned counsel for the opposite party no. 2 and Sri Rahul Pandey, 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. 514 of 2024 (State Vs. Ali Mohammad @ Munna and other), arising out of Case Crime No. 64, 2024, under Sections 323, 308 of I.P.C., Police Station- Cant, District- Bareilly, as well as cognizance/ summoning order 5.8.2024, pending in the Court of Judicial Magistrate, Second, Bareilly.
Learned counsel for the applicants submits that he does not want to press the present application on behalf of applicant no. 1. In view of above, the present application is dismissed as not pressed on behalf of applicant no. 1.
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 applicant nos. 2 and 3, 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 :- 10.2.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad