Dismissed

Anita and 4 others v. State of U.P. and another

Allahabad HC9 Mar 2018A482/5818/2018

Case brief

AI extract

What is this about?

The High Court rejected an application under Section 482 Cr.P.C. seeking stay on N.B.W.s. However, the court granted 30 days for applicants to appear, surrender, and apply for bail, during which no coercive action would be taken, relying on Amrawati and Lal Kamlendra cases.

What did the court decide?

Application rejected; however, 30 days granted to appear, surrender and apply for bail without coercive action.

Anita and 4 others Vs State of U.P. and another — Bail and Remand | Allahabad HC (2018)

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Court No. - 17

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Case :- APPLICATION U/S 482 No. - 5818 of 2018

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Applicant :- Anita And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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This Application under Section 482 Cr.P.C. has been filed for staying the execution of the N.B.W. issued by the court below on 6.1.2018 in Case No. 73 of 2017 (State Vs. Nahar Singh and Others) arising out of Case Crime No. 406 of 2016 under Sections 147, 149, 323, 504, 336, 332, 353, 186 I.P.C. and under Section 7 Criminal Law Amendment Act, Police Station Farah, District Mathura, pending before learned Additional C.J.M.-II , District Mathura.

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The contention of learned counsel for the applicants is that the accused applicants have not deliberately abstained from appearing before court; the service of summons on P.W.s could not be done and when the N.B.W.s were issued against them then only they could know about the proceedings of the case initiated against them, hence, the prayer is made for staying the execution of N.B.W.s issued on 6.1.2018.

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Heard learned counsel for the applicants and learned A.G.A.

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The prayer is not maintainable, hence, it is rejected.

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However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail may be considered and decided 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 30 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.

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

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Order Date :- 9.3.2018 A. Mandhani

Anita and 4 others v. State of U.P. and another

Case brief

What is this about?

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Anita and 4 others v. State of U.P. and another

Case brief

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What did the court decide?

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