Harendra Gurjar @ Bhole vs. State Of U.P. And Another

Held

The Court noted that the applicant's counsel, on instructions, stated that the applicant did not wish to press the other prayers made in the application and was ready to surrender before the court below to seek bail. The applicant requested that his release be considered in view of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another. The learned A.G.A. submitted that he had no objection to this prayer. Consequently, the Court directed that in case the applicant appears before the court below within three weeks from the date of the order and seeks bail, his release should be considered in view of the law laid down in Satender Kumar Antil. The application was finally disposed of with these observations.

Facts

The applicant, Harendra Gurjar @ Bhole, filed an application under Section 482 of the Cr.P.C. seeking to quash a charge sheet dated March 24, 2023, arising from case crime no. 0087 of 2022, under Section 2/3 of the U.P. Gangster and Anti Social Activities Prevention Act. The application also sought to quash summoning orders dated April 4, 2023, and a Non-Bailable Warrant (NBW) order dated July 24, 2023, passed by the Additional District Judge/Fast Track Court (CAW), Jalaun at Orai, in GST No. 07/2023, State Vs. Shivam Gurjar @ Shrawan Singh and others. The applicant's counsel, on instructions, stated that the applicant did not wish to press other prayers and was ready to surrender and seek bail, requesting consideration in light of the Supreme Court's decision in Satender Kumar Antil Vs. CBI.

Key Issues

1. Whether the charge sheet, summoning orders, and NBW order in GST No. 07/2023, State Vs. Shivam Gurjar @ Shrawan Singh and others, are liable to be quashed under Section 482 Cr.P.C. on the grounds raised by the applicant? 2. Whether the applicant's prayer for release should be considered in view of the law laid down by the Hon'ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another? The applicant argued that the charge sheet, summoning orders, and NBW order were liable to be quashed. However, the applicant's counsel subsequently stated that they did not wish to press these prayers and were ready to surrender and seek bail, requesting consideration based on the principles enunciated in Satender Kumar Antil. The State's counsel (learned A.G.A.) had no objection to the applicant not pressing the other prayers.