Jitendra Gupta and 2 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 39505 of 2023 Applicant :- Jitendra Gupta And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Dubey 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 entire proceedings of Criminal Case No. 11622 of 2023 (State Vs. Jitendra and others), under sections 323, 504, 506, 325, 308 IPC, P.S. Hathras Kotwali, District Hathras, as well as charge sheet No. 125 of 2023 dated 12.07.2023 and cognizance order dated 16.09.2023 arising out of case crime No. 149 of 2023 pending in the court of Chief Judicial Magistrate, Hathras.

¶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 :- 23.11.2023/RPD High Court of Judicature at Allahabad