Anil Kumar Agrawal and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Civil Secrett. Lko. and Another

Court No. - 9 Case :- APPLICATION U/S 482 No. - 6066 of 2023 Applicant :- Anil Kumar Agrawal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Civil Secrett. Lko. And Another Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Kumar Singh,J.

¶1Heard learned counsel for the petitioners as well as learned Additional Government Advocate, representing respondent no. 1-State, and gone through the record.

¶2By way of this petition under Section 482 CrPC, the petitioners have prayed for quashing of the charge-sheet no. 01 dated 12.12.2021 filed in Crime/FIR No.0586 of 2021, under Sections 504 and 506 IPC, lodged at Police Station Nanpara, District Bahraich and for quashing of the order dated

30.05.2023 passed by the Chief Judicial Magistrate, Bahraich in Case No.0857 of 2023 (State Vs. Anil Kumar Agrawal and others) whereby non-bailable warrants have been issued against the petitioners.

¶3Learned counsel for the petitioners submits that the petitioners want to surrender and apply for regular bail. Only prayer is that while considering the bail application of the petitioners, trial Court should take into consideration the order dated 07.10.2021 read with judgment dated 11.07.2022 passed by the Supreme Court in Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021.

¶4Considering the aforesaid submission, present petition is disposed of with a liberty to the petitioners to surrender before the trial Court within a period of 10 days from today, and apply for regular bail, and if they do so, the trial Court is directed to consider the bail application of the petitioners in accordance with law, also taking into account the order passed by the Supreme Court in the case of Satender Kumar Antil (supra). After obtaining regular bail, the petitioners, if so advised, may file application for discharge and, if they do so, their discharge application shall be decided expeditiously, in accordance with law. [D.K. SINGH, J.] Order Date :- 23.6.2023 MVS/- High Court of Judicature at Allahabad, Lucknow Bench