Sachin Verma vs State Of U.P And Another

Gautam Chowdhary, J

Heard learned counsel for the applicant, learned A.A.G. assisted by Sri Rajeswar Singh, Ms. Sushma Soni, Sri Pankaj Srivastava and Sri Rakesh Srivastava, learned A.G.A. for the State and perused the record.

This application has been filed for quashing of the charge sheet dated 4.4.2020 along with cognizance and summoning order dated 29.7.2020 in Criminal Case No. 21078 of 2020 (State Vs. Ashif & another) arising out of Case crime No. 52 of 2020, under section 505 IPC and section 66 Information and Technology Act, P.S. Fatehabad, District Agra pending in the court of C.J.M. Agra.

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 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 the court concerned will take into consideration the necessary guidelines already issued by the Apex court.

With the aforesaid observations, the application is partly allowed.