Allahabad High Court
Amar Singh Lekhpal vs State Of U.P. And Another on 1 September, 2022
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 85 Case :- APPLICATION U/S 482 No. - 24067 of 2022 Applicant :- Amar Singh Lekhpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahender Pal Singh Yadav Counsel for Opposite Party :- G.A.,Ashish Agrawal,Rupal Agarwal Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, Sri Ashish Agrawal, learned counsel for O.P.No. 2, learned A.G.A. for the State and perused the record.
This application has been filed for quashing of the charge sheet 5.11.2019 as well as cognizance order daed 19.12.2020 passed by C.J.M., Bareilly in Case No. 5175 of 2020 (State Vs. Amar Singh Lekhpal) arising out of vase Crime No. 139 of 2016, under sections 420, 467, 468, 471 IPC, P.S. Kotwali, District Bareilly.
On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicant.
At this Court, in exercise of its power under section 482 Cr.P.C., is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected.
At this stage, the learned counsel for the applicant submits that the applicant has so far not been arrested in the above case and the police is seeking to arrest the applicant and there may be coercive processes issued against the applicant by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicant.
As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021) has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex court.
With the aforesaid observations, the application is disposed off.
Order Date :- 1.9.2022 RPD