Sanjay Singh and Another v. State of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 11856 of 2023 Applicant :- Sanjay Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow And Another Counsel for Applicant :- Dinesh Kumar Singh,Anil Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner/ applicants and learned AGA for the State as well as perused the record. The present petition has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned order dated 11.10.2023 passed by the Chief Judicial Magistrate, Gonda, in Criminal Case No. 3894 of 2008 "State Versus Babloo & others" arising out of Case crime No. 381 of 2008 under section 147, 148, 149, 353, 332, 341 IPC and 7 Criminal Law Amendment Act, Police Station-Colonelganj, District-Gonda, whereby issued Non-bailable Warrant against the Petitioners, as contained in Annexure No. 1 to this petition." After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants for moving a discharge application before the court below and the same may be decided expeditiously. It is further prayed that liberty may also be given to the applicants to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another. Learned AGA has no objection to the prayer made by learned counsel for the applicants. As prayed, liberty is granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. As far as prayer made by learned counsel for the applicants to grant liberty to the applicants to file bail application and the same may be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra), liberty is given to the applicant to move bail application before the trial court and the same shall be decided in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra). With the aforesaid observations, the present petition is disposed of. Order Date :- 6.12.2023/Jyoti/- High Court of Judicature at Allahabad, Lucknow Bench