Allahabad High Court
Mahesh Kumar Yadav vs State Of U.P. And Another on 19 September, 2022
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 27642 of 2022 Applicant :- Mahesh Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jawahir Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application has been filed for quashing of the charge sheet, being Charge Sheet dated 02.11.2019 as well as summoning order dated 16.11.2019 arising out of Case Crime No. 461 of 2019, under Sections 420, 406, 427, 506 I.P.C., Police Station Vijay Nagar, District Ghaziabad.
Learned A.G.A. points out that a perusal of the order-sheet, annexed as Annexure-8 to the affidavit, reveals that non-bailable warrant has also been issued against the applicant on 12.07.2022 and the applicant has not appeared before the court below till date.
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.
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 court concerned will take into consideration the necessary guidelines already issued by the Apex Court.
With the aforesaid observations, the application is disposed of.
Order Date :- 19.9.2022 SKT/-