Susheel and 7 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 36447 of 2023 Applicant :- Susheel And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

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

2.This application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 25.8.2023 as well as entire proceedings of Criminal Case No. 9583 of 2023 (State Vs. Susheel Kumar and others) arising out of case crime No. 196 of 2022, under Sections 147, 148, 506 IPC and Section 2/3 of Public Property Damage Act, P.S. Khairgarh, District-Firozabad, pending in the court of 5th Addl. Civil Judge (Junior Division)/Chief Judicial Magistrate, Firozabad.

¶3Learned counsel for the applicants has informed this Court that applicant No.1 is already on bail and as such instant application on behalf of applicant No. 1 may be dismissed as not pressed.

¶4In view of the above statement, the instant application on behalf of applicant No. 1 is dismissed as not pressed.

¶5After 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 applicant Nos. 2 to 8 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.

¶6Per 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.

¶7In view of the above, in case the applicant Nos. 2 to 8 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.

¶8With the aforesaid observations, this application under Section 482 Cr.P.C. on behalf of applicant Nos. 2 to 8 is finally disposed off. Order Date :- 18.10.2023 KU High Court of Judicature at Allahabad