Salik Ram and 2 Others v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Court No. - 15 Case :- APPLICATION U/S 482 No. - 12262 of 2023 Applicant :- Salik Ram And 2 Others Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Janendra Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Shamim Ahmed,J. Heard Shri Janendra Kumar Verma, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record. The instant Application under Section 482 Cr.P.C. has been filed on behalf of the applicants, namely, Salik Ram, Mahendra Singh and Sunil Singh with a prayer to quash the entire proceeding of Case No.7797 of 2019 and Case Crime No.101 of 2019 in which the impugned charge sheet No.100/2019 dated

30.05.2019 under Section 452, 323, 506 I.P.C., Police Station-Imliya Sultanpur, District-Sitapur as well as impugned summoning order dated 28.08.2019 issued against the applicants. 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 submits 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 :- 16.12.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench