Disposed

Aneesh Ahmad v. State of U.P. and Another

Allahabad HC2 Apr 2019A482/10869/2019

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. where the applicant gave up the challenge to the charge-sheet but sought protection. The Court directed the lower courts to hear the bail application expeditiously within 45 days and restrained coercive action against the applicant during that period.

What did the court decide?

Direction issuing to lower courts to consider and decide bail application expeditiously; no coercive action against applicant for 45 days.

Aneesh Ahmad Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 70 Case :- APPLICATION U/S 482 No. - 10869 of 2019 Applicant :- Aneesh Ahmad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shivam Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A.

¶2

Hon'ble Sanjay Kumar Singh,J.

¶3

Heard learned counsel for the applicant 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.

¶4

This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 19.5.2017 filed in Criminal Case No. 386 of 2017 (State vs. Ikrar and others) arising out of Case Crime No. 0057 of 2017, under Sections 147, 148, 149, 353 and 307 IPC, police station Deoband, district Saharanpur as well as cognizance order dated 22.5.2017, non-bailable warrant dated 17.4.2018 including entire proceedings of aforesaid case.

¶5

The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet 19.5.2017 against the applicant and requested to grant some protection, so that applicant 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 application of the applicant expeditiously in accordance with law.

¶6

Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for bail, the bail application of the applicant 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 Supreme Court Cases, 437, Lal Kamlendra Pratap Singh Vs. State of U.P.

¶7

For the period of 45 days from today, no coercive action shall be taken against the applicant in the above mentioned case.

¶8

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

¶9

Order Date :- 2.4.2019

¶10

Sumaira

Aneesh Ahmad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Aneesh Ahmad 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Adan and Another Vs State of Up and Another

Rashid Vs State of U.P. and Anr.

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

Sandeep Yadav and Another Vs State of U.P.and Another

Vinod @ Millu and 3 Others Vs State of U.P. and Another

Shiv Shankar Sahu Alias Rahul Sahu Vs State of U.P. and Another