Babulal and Another v. State of U.P

Court No. - 86 Case :- APPLICATION U/S 482 No. - 40316 of 2023 Applicant :- Babulal And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sharad Saran Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

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

¶2This application under Section 482 Cr.P.C. has been filed with the prayer to quash the non bailable warrant dated

11.11.2022 as well as cognizance order dated 03.09.2021 passed by Chief Judicial Magistrate, Kaushambi along with entire proceeding of the Case No. 7225 of 2021 (State Vs Ram Naresh and others) arising out of Case Crime No. 271 of 2020, under sections 308, 323, 504, 506, 325 IPC, Police Station Saini, District Kaushambi pending before the court of Chief Judicial Magistrate, Kaushambi.

¶3After 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.

¶4Per 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.

¶5In 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.

¶6With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off. Order Date :- 22.11.2023 RPD High Court of Judicature at Allahabad