Arshad Ali and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Court No. - 13 Case :- APPLICATION U/S 482 No. - 10893 of 2023 Applicant :- Arshad Ali And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vishal Singh,Lav Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. The present 482 Cr.P.C. application has been filed by the applicants with the prayer to quash the impugned charge sheet dated 13.4.2023 arising out of case crime No. 146 of 2020, under Sections 145, 146, 149, 188, 353 I.P.C. and Section 7 Criminal Law (Amendment) Act, 1932 Police Station Thakurganj, District Lucknow. Learned counsel for the applicants, after arguing the matter at some length, has submitted that he may be permitted to file discharge application. He has also prayed that he may be permitted to surrender and apply for bail before the court below and the same may be decided in view of law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation & Anr, Petition(s) for Special Leave to Appeal (Crl.) No(s).5191/2021 as his case is covered under category 'A'. Learned A.G.A. has no objection to this innocuous prayer of learned counsel for the petitioner. Accordingly, without entering into merits of the case, the present petition is disposed of permitting the applicants to surrender before the trial court within ten days' from today and file bail application, which may be decided expeditiously by the learned trial court in view of law laid down by the Apex Court in Satender Kumar Antil (supra). After release on bail, the applicants are at liberty to file a discharge application. If discharge application is filed, the same shall be decided within a period of two months on merits from the date of filing of discharge application. Order Date :- 6.11.2023 Madhu High Court of Judicature at Allahabad, Lucknow Bench