Patiraj @ Patiraj Azad and Others v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. and Another

Court No. - 15 Case :- APPLICATION U/S 482 No. - 12094 of 2023 Applicant :- Patiraj @ Patiraj Azad And Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Prem Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J. Heard learned counsel for the appellant and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed by the applicants-Patiraj @ Patiraj Azad, Amar Azad and Sunil @ Raja Babu to quash the criminal proceedings of Criminal Case No. 1234/2021: State Vs. Anil Patiraj and others, arising out of Case Crime No. 0168/2020, under Section 323, 452, 504, 506 I.P.C., Police Station Ahirauli, District Ambedkarnagar, pending in the court of Chief Judicial Magistrate as well as summoning order dated 08.04.2021 along with Chage-sheet No. A-243/2020 dated 27.10.2020. After some argument, learned counsel for the applicants confined his prayer to the extent that a positive direction may be given to learned court below that if a bail application is moved before it by the applicants, the same may be considered and decided expeditiously in accordance with law in light of judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2022) 10 SCC 51 as the punishment in the above case is less than seven years. Learned A.G.A. has no objection to the prayer made by learned Counsel for the applicants and submit that a positive direction may be issued to the learned court below to consider and decide the bail application, if moved before it by the applicants, expeditiously in accordance with law after hearing the public prosecutor. In view of the submissions made by learned Counsel for the parties, if the applicants appear and surrender before the court below and apply for bail within four weeks' from today, the prayer for bail shall be considered and decided expeditiously by the court below in accordance with law after hearing the Public Prosecutor in light of judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil (Supra). With the aforesaid observations, this application is finally disposed of. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. Order Date :- 13.12.2023 Arvind High Court of Judicature at Allahabad, Lucknow Bench