Smt. Ashmati Devi v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 36058 of 2023 Applicant :- Smt. Ashmati Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

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

¶2This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the charge sheet dated

08.06.2019 and summoning order dated 04.01.2022 as well as further proceeding of Criminal Case No. 6434 of 2022 (State Versus Sarva Shakti Yadav and others) arising out of Case Crime No. 373 of 2017, under Sections 419, 420 IPC, P.S. Sahjanawa, District-Gorakhpur, pending in the court of Additional Chief Judicial Magistrate / Civil Judge (Senior Division), Fast Track Court, Gorakhpur.

¶3After some argument, learned counsel for the applicant has made a statement at the bar, on instructions, that he does not want to press other prayers made in the application and states that the applicant is ready to surrender before the court below and seeks her bail and that her bail application be considered and disposed of 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 (2021) 10 SCC 773.

¶4Learned AGA states that he has no objection to the aforesaid prayer made by the counsel for the applicant for not pressing the other prayers made in the instant application.

¶5In view of the above, in case the applicant appears before the court below within three weeks from today and apply for bail, her bail application be considered and disposed of 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 (2021) 10 SCC 773 after hearing the parties.

¶6With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of. Order Date :- 27.10.2023 / RKM High Court of Judicature at Allahabad