Disposed

Usman and 2 Others v. State of U.P. and Another

Allahabad HC1 Apr 2019A482/10835/2019

Case brief

AI extract

What is this about?

The High Court disposed of an S. 482 application where the applicant gave up the challenge but sought protection and expeditious bail hearing. The court directed courts below to hear bail applications within 30 days and restrained coercive measures during that period.

What did the court decide?

Protection from coercive action for 30 days; direction to courts below to hear dismiss bail applications expeditiously.

Usman and 2 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 10835 of 2019

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Applicant :- Usman And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravi Sahu Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Mr. Ram Pravesh Yadav, Advocate has filed his vakalatnama on behalf of opposite party No. 2, which is taken on record.

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Heard Mr. Ravi Sahu, learned counsel for the applicants, Mr. Swatantra Kumar Rai, holding brief of Mr. Ram Pravesh Yadav, learned counsel for opposite party No. 2 and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.

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This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet dated 29.11.2018 as well as the entire proceedings of Criminal Case No. 538 of 2019 arising out of Case Crime No. 451 of 2018, under sections 354-C, 504, 506 IPC and 66 of Information Technology Act, PS Bakheera, District Sant Kabir Nagar pending in the court of Judicial Magistrate, Sant Kabir Nagar.

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The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 29.11.2018 against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail applications of the applicants expeditiously in accordance with law.

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Considering the prayer made by the learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 30 days from today and apply for bail, the bail applications of the applicants shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4

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Supreme Court Cases, 437, Lal Kamlendra Pratap Singh Vs. State of U.P.

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For the period of 30 days from today, no coercive action shall be taken against the applicants in the above mentioned case.

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With the above observations, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 1.4.2019 Sumaira

Usman and 2 Others v. State of U.P. and Another

Case brief

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Usman and 2 Others v. State of U.P. and Another

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