Disposed

Amit Yadav and 3 Others v. State of U.P. and Another

Allahabad HC5 Apr 2019A482/12411/2019

Case brief

AI extract

What is this about?

The applicant abandoned the challenge to the cognizance order and chargesheet but requested protection to surrender and the expedited hearing of the bail application. The court directed the lower court to hear the bail application within 45 days and stayed coercive action during that period.

What did the court decide?

Direction for expedited bail hearing within 45 days; restraining coercive action against applicants for 45 days.

Amit Yadav 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. - 12411 of 2019

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Applicant :- Amit Yadav And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajendra Singh Yadav 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 cognizance order dated 16.02.2019, chargesheet No.10 of 2018 dated 22.03.2018 arising out of Case Crime No.0008 of 2018 and proceedings of Session Trial No.60 of 2019 (State vs. Amit Yadav & others), under Sections 323, 504, I.P.C. & Section 3 (2) 5A of SC/ST Act, Police Station Holagarh, District -Allahabad, pending in the court of Special Judge, SC/ST Act, Allahabad.

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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 cognizance order 16.02.2019, chargesheet No.10 of 2018 dated 22.03.2018 and impugned criminal proceedings 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 applies 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 :- 5.4.2019 SKD

Amit Yadav and 3 Others v. State of U.P. and Another

Case brief

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Amit Yadav and 3 Others v. State of U.P. and Another

Case brief

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