Disposed

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

Allahabad HC2 Apr 2019A482/10870/2019

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. was disposed of after the applicant withdrew the challenge to the charge-sheet. The court directed that if the applicants appear within 45 days and apply for bail, it must be heard expeditiously following Seven Judges' and Apex Court precedents. No coercive action shall be taken during this period.

What did the court decide?

No coercive action for 45 days; directive to lower courts to hear bail application expeditiously if applicants apply within 45 days.

Vinod @ Millu and 3 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. - 10870 of 2019

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Applicant :- Vinod @ Millu And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pramod Kumar Mishra,Suneel Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicants 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 23.9.2018 arising out of Case Crime No. 250 of 2018 and proceeding of Case No. 250 of 2019 (State Vs. Vinod & Millu and others), under Sections 323, 504, 506 IPC, Police Station Vindhyachal, District-Mirzapur pending in the court of C.J.M. Mirzapur.

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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 23.9.2018 against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The learned counsel for the applicants 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 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 45 days from today and apply for bail, the bail application 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 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.

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For the period of 45 days from today, no coercive action shall

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be taken against the applicants.

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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 :- 2.4.2019 AK Pandey

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

Case brief

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

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