Disposed

Sudhir Kumr @ Sudhir Kumar Singh v. State of Up and Another

Allahabad HC8 Apr 2019A482/12014/2019

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What is this about?

The court disposed of a Section 482 application by granting the applicant 45 days of protection from coercive action to surrender before the lower court for a bail hearing. The bail application must be heard expeditiously.

What did the court decide?

Protection from coercive action for 45 days granted to allow surrender and filing of bail application; bail to be heard expeditiously.

Sudhir Kumr @ Sudhir Kumar Singh Vs State of Up 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. - 12014 of 2019

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Applicant :- Sudhir Kumr @ Sudhir Kumar Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Pramod Kumar Singh 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 applicantand 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 applicant with a prayer to quash the order dated 20.8.2010 passed by A.C.J.M. court No. 17 Etah, order dated 20.8.2011 passed by Special Judge, E.C. Act, Etah as well as further proceedings of Case No. 1082 of 2010 (State vs. Munesh Kumar Dubey) arising out of Case Crime No. 207 of 2008, under Sections 285, 286, 420 IPC and 3/7 E.C. Act, police station Awagarh, district Etah.

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The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid proceedings 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.

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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.

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For the period of 45 days from today, no coercive action shall be taken against the applicant 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 :- 8.4.2019

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Sumaira

Sudhir Kumr @ Sudhir Kumar Singh v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Sudhir Kumr @ Sudhir Kumar Singh v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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