Dismissed

Deepak Awasthi and Anr. v. State of U.P. and Anr.

Allahabad HC6 Feb 2018A482/2573/2018

Case brief

AI extract

What is this about?

The Court refused the application under Section 482 Cr.P.C. seeking quashing of the order rejecting bail for added charges. However, the applicants were granted 60 days to surrender and apply for bail without coercive action.

What did the court decide?

Application refused; applicants granted 60 days to surrender and apply for bail; coercive action stayed during this period.

Deepak Awasthi and Anr. Vs State of U.P. and Anr. — Bail and Remand | Allahabad HC (2018)

¶1

Court No. - 15

¶2

Case :- APPLICATION U/S 482 No. - 2573 of 2018

¶3

Applicant :- Deepak Awasthi And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.

¶4

Hon'ble Arvind Kumar Mishra-I,J.

¶5

Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material placed on record.

¶6

This application under Section 482 Cr.P.C. has been filed for quashing the order dated 11.10.2017 as well as entire proceeding in S.T. No.79 of 2017 (State of U.P. Versus Deepak Awasthi and others), arising out of charge sheet no.428-A of 2015 dated 8.4.2016 in Case Crime No.387 of 2015 under Sections 304, 323, 341 and 342 I.P.C., P.S. Kotwali Nagar, District Banda, pending in the court of District and Sessions Judge, Banda.

¶7

It is contended by learned counsel for the applicant that charge sheet was submitted against the applicants and other accused under Sections 323 and 341 I.P.C. and the applicant was granted bail. During trial an application was moved by the prosecution with the averment that the applicants may be tried under Sections 304 and 342 I.P.C. also. The trial court after taking into account evidence on record passed impugned order dated 11.10.2017. He has further submitted that there is no prima facie evidence to frame charge under Section 304 and 342 I.P.C. against the applicants. Therefore, the trial court may be directed to accept fresh bail bonds in the added Sections 304 and 342 I.P.C.

¶8

Considering the facts and circumstances of the case and the law laid down by the Apex Court in the case of Prahlad Singh Bhati

¶9

vs. N.C.T., Delhi & another reported in 2001 (4) SCC 280, the prayer made in the present 482 Cr.P.C. application cannot be granted. Hence the same is hereby refused.

¶10

However, it is provided that if the applicants appear and surrender before the court below within 60 days from today and apply for bail, their prayer for bail may be considered and decided on same day in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 60 days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

¶11

It is made clear that the applicants will not be granted any further time by this Court for surrendering before the Court below as directed above.

¶12

With the aforesaid directions, this application is finally disposed of.

¶13

Order Date :- 6.2.2018 Iss/

Deepak Awasthi and Anr. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

Deepak Awasthi and Anr. v. State of U.P. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Awadh Bihari Singh Vs State of U.P.

Shiv Shahai and Another Vs State

Zahir Uddin Vs State

Vikash Vs State of U.P. and Another

Shivram Tiwari @ Vinni and 2 Others Vs State of U.P. and Another

Avnish Chaubey Vs State of Up and Ors.