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Supreme Court - Daily Orders

Kale Khan vs The State Of Uttar Pradesh on 21 April, 2023

Bench: Ajay Rastogi, Bela M. Trivedi

                                                 1

     ITEM NO.39                          COURT NO.5                 SECTION II

                              S U P R E M E C O U R T O F       I N D I A
                                      RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)               No(s).    3447/2023

     (Arising out of impugned final judgment and order dated 03-11-2022
     in CRMBA No. 47158/2022 passed by the High Court Of Judicature At
     Allahabad)

     KALE KHAN                                                       Petitioner(s)

                                                VERSUS

     THE STATE OF UTTAR PRADESH & ANR.                               Respondent(s)

     (IA No. 19093/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
     JUDGMENT)
     WITH
     SLP(Crl) No. 1930/2023 (II)
     IA No. 29093/2023 - EXEMPTION FROM FILING O.T.
     IA No. 49203/2023 - INTERVENTION/IMPLEADMENT

     Date : 21-04-2023 These matters were called on for hearing today.

     CORAM :             HON'BLE MR. JUSTICE AJAY RASTOGI
                         HON'BLE MS. JUSTICE BELA M. TRIVEDI

     For Petitioner(s)             Ms. Sweta Rani, AOR
                                   Mr. Anant Agarwal, Adv.
                                   Ms. Ritika Khanna, Adv.
                                   Mr. Samarth Aagrwal, Adv.

                                   Mr. Gaurav Agarwal, Adv.
                                   Ms. Shristi Gupta, Adv.
                                    Mr. S. K. Garg, Adv.
                                    Mr. Sanjeet Paliwal, Adv.
                                    Mr. Shashank Singh, AOR

     For Respondent(s)            Mr. Nagendra Singh, Adv.
                                   Mr. Naman Raj Singh, Adv.
                                   Mr. Akash Chaudhary, Adv.
                                   Mr. Adarsh Pandey, Adv.
                                  For M/S. V. Maheshwari & Co., AOR
Signature Not Verified
                                   Mr. Ardhendumauli Kumar Prasad, A.A.G.
                                   Mr. Sarvesh Singh Baghel, AOR
Digitally signed by
Jayant Kumar Arora
Date: 2023.04.21
17:29:27 IST
Reason:                            Ms. Shweta Yadav, Adv.

                                   Ms. Sweta Rani, AOR
                                   Mr. Anant Agarwal, Adv.
                                   2

                    Ms. Ritika Khanna, Adv.
                    Mr. Samarth Aagrwal, Adv.

           UPON hearing the counsel the Court made the following
                              O R D E R
SLP(Crl) No. 1930/2023

The petitioner before this Court is seeking post-arrest bail, which was declined by the High Court by an order dated 03.11.2022.

The petitioner is one of the co-accused in FIR No. 293/2021 registered on 24.04.2021. The chargesheet was filed on 07.03.2022 and the petitioner is in custody since 11.10.2022.

After having heard learned counsel for the parties and taking into consideration the material on record and without expressing any opinion on merits/demerits of the case, the petitioner has made out a case of post-arrest bail. Ordered accordingly.

The petitioner shall be produced before the trial court within a period of three days and be released on bail on such terms and conditions to the satisfaction of the trial court concerned.

In view of above, the Special Leave Petition is disposed of. Pending interlocutory application(s), if any, is/are disposed of.

SLP (Crl.) No. 3447/2023

We find no ground to interfere with the impugned order passed by the High Court. The Special Leave Petition is, accordingly, dismissed.

Pending interlocutory application(s), if any, is/are disposed of.

(JAYANT KUMAR ARORA)                              (R.S. NARAYANAN)
ASST. REGISTRAR-cum-PS                              COURT MASTER