Disposed

Rajesh Kumar and 2 Ors. v. State of U.P. and Another

Allahabad HC19 Feb 2018A482/5236/2018

Case brief

AI extract

What is this about?

The court granted interim directions admitting applicants to bail for 30 days, barring coercive action. The application for quashing was disposed of without adetermination on merits, conditional on moving a bail application within 30 days.

What did the court decide?

Applicants admitted to bail by lower courts for 30 days; no coercive action allowed during this period if bail application is filed.

Rajesh Kumar and 2 Ors. Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2018)

¶1

Court No. - 15

¶2

Case :- APPLICATION U/S 482 No. - 5236 of 2018

¶3

Applicant :- Rajesh Kumar And 2 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Arvind Kumar Mishra-I,J.

¶5

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

¶6

By way of the instant application, the applicants have sought for quashment of the orders dated 04.09.2015 and 12.01.2018 passed by the Additional Chief Judicial Magistrate, Ghazipur as well as proceeding in Criminal Case No.1206 of 2015 State Vs. Santoshy Yadav, arising out of Case Crime No.399 of 2014, under Sections 332, 336, 143, 353, 342, 427 IPC and 7 Criminal Law Amendment Act, Police Station Jamania, District Ghazipur, pending in the court of the Additional Chief Judicial Magistrate, Ghazipur.

¶7

Learned counsel for the applicants has submitted that the applicants are not person who have initially been named in the first information report. The police has deliberately dragged them in the present case.

¶8

Considered the submissions and perused the order impugned in the instant application.

¶9

The factual aspect must be gone into by the court below for which the court below may conduct inquiry about real status of the present applicants and record its finding.

¶10

In the meanwhile, the applicants shall be admitted to bail by the courts below provided they appear before the courts below within 30 days from today and move an application for bail.

¶11

For a period of thirty days from today, no coercive action shall be taken against the applicants.

¶12

In the event no such application is moved within

¶13

the time prescribed above, this order will be of no avail to the applicants.

¶14

It is made clear that this order shall be applicable only in respect of the present applicants.

¶15

With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.

¶16

Order Date :- 19.2.2018 rkg

Rajesh Kumar and 2 Ors. v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rajesh Kumar and 2 Ors. v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Balwant Singh and Another Vs State of U.P. and Another

Hanumant Vs State

Naresh Vs State

Ram Prakash and 3 Ors. Vs State of U.P. and Anr.

Tunchi and Others Vs State

Sarfaraj Vs State of U.P. and Another