Ram Musafir Yadav and 3 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 33091 of 2023 Applicant :- Ram Musafir Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devendra Yadav,Chandra Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Supplementary affidavit filed by learned counsel for the applicants today in Court is taken on record.

¶2Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with the prayer to quash charge-sheet dated 03.04.2023 and cognizance/summoning order dated 22.06.2023 as well as entire proceedings of Case No. 3015 of 2023 (State Vs. Ram Musafir and others), arising out of Case Crime No.33 of 2023, under Sections 323, 506 and 325 IPC, Police Station Atrauliya, District Azamgarh, pending in the court of Judicial Magistrate, Court No.26, Azamgarh.

¶4After some arguments, learned counsel for the applicants has made a statement at the Bar, on instructions, that he does not want to press other prayers made in the instant application and states that the applicants are ready to appear before the court below and seek their bail and that their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51.

¶5Per contra, learned AGA states that he has no objection to the aforesaid prayer made by learned counsel for the applicants for not pressing the other prayers made in the instant application.

¶6In view of the above, in case the applicants appear before the court below within three weeks from today and seek bail, their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51.

¶7With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off. Order Date :- 17.10.2023 Subham High Court of Judicature at Allahabad