Kale Alias Tekchand And 3 Others v. State of U.P & Anr.

Heard Sri Rajiv Sisodia, learned counsel for the applicants as well as Sri Ashok Kumar Kushwaha, learned AGA for the State/opposite party no.1.

This application under Section 482 Cr.PC. has been filed by the applicants to quash the entire proceedings of Criminal Case No.43811 of 2024 (State Vs. Kale @ Tekchand others), arising out of case crime no.613 of 2023, under Sections 323, 504, 506, 308 and 336 IPC Police Station- Seohara, District Bijnor pending before the court of learned Chief Judicial Magistrate, Bijnor.

Learned counsel for the applicants has submitted that a first information report stood lodged against the applicants under Section 323, 504, 506, 308, 336 IPC, however, no such incident occurred on 09.11.2023. He further submits that the applicants were not present at the time when the said incident happened and no grevious injuries whatsoever was sustaiend by the injured, he seeks to rely upon the injury report which shows that the injuries are simple in nature. According to him, it is a case of false implication.

Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the case.

Learned AGA on the other hand submits that the issues with the applicants seek to raise are factual in nature as the injuries itself shows the occurrence of the incident and further the applicants have been pinned pointedly marked as an accused.

I have heard the learned counsel for the parties and perused the record.

I am of the opinion of the court, cognizable offenses are made out from the FIR and whatever arguments are being sought to be raised centers around factual issues which cannot be gone into the present proceedings. Thus, interference is declined and the application is consigned to record.

At this stage, learned counsel for the applicants submits that suitable direction be issued in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail.

In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. Order Date :- 13.2.2025 A. Prajapati ASHUTOSH KUMAR PRAJAPATI ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad High Court of Judicature at Allahabad