Shivam Mishra and 2 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 38991 of 2023 Applicant :- Shivam Mishra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Omkar Nath Rai 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 charge sheet dated 8.4.2021 and cognizance order dated 22.6.2022 as well as entire proceedings of Criminal Case No. 465 of 2020 (State Vs. Shivam Mishra) arising out of case crime No. 0465 of 2020, under Sections 323, 504, 506, 452, 325 IPC, Police Station-Tarya Sujan, District-Kushinagar, pending in the court of Chief Judicial Magistrate, Kushinagar, Padrauna.

3.After 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.

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

5.In 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.

6.With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off. Order Date :- 7.11.2023 KU High Court of Judicature at Allahabad