Court No. - 85
Case :- APPLICATION U/S 482 No. - 10524 of 2021 Applicant :- Rekha Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A,Dhiresh Kumar
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application has been filed for quashing of the entire crl. proceedings of Case NO. 389 of 2021, arising out of case crime No. 136 of 2020 , under sections 420, 447, 506 IPC and section 138 N.I. Act as well as charge sheet No. 128 of 2020, P.S. Subhash Nagar, District Bareilly (State Vs. Rekha Devi and others.).
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 applicants submits that the applicants have so far not been arrested in the above case and the police is seeking to arrest the applicants and there may be coercive processes issued against the applicants by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicants.
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 :- 29.10.2021 RPD