Partly allowed

Shahgul v. State of U.P. and Another

Allahabad HC21 Jun 2019A482/22842/2019

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash N.B.W. proceedings. Court rejected quashing but directed surrender within one week for bail consideration. Application otherwise dismissed if conditions not met.

What did the court decide?

Reprieve granted for one week to appear and surrender; bail to be considered thereafter. Application dismissed if applicant fails to surrender in time.

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

¶1

Court No. - 48

¶2

Case :- APPLICATION U/S 482 No. - 22842 of 2019

¶3

Applicant :- Shahgul Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Thakur Prasad Dubey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajit Singh,J.

¶5

Heard learned counsel for the applicant and learned A.G.A. for the State. This application under Section 482 Cr.P.C. has been filed with a prayer to quash the orders dated 15.10.2016 and 27.3.2019 passed by the court below in S.S.T. No. 113 of 2015, arising out of Case Crime no. 639 of 2014, under Section 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, P.S. Sambhal, district-Sambhal, by which N.B.W. has been issued against the applicant for enforcing his appearance in aforesaid case after he failed to respond to the summons and bailable warrant issued against him, pending in the court of Addl. Sessions Judge/FTC, Sambhal. After having heard the learned counsel for the applicant and perused the impugned order as well as the materials brought on record, I do not find any justification for quashing the order dated 04.01.2012.

¶6

However, it is directed that if the applicant appears and surrender before the court below within a week from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of one week from today no coercive action shall be taken against the applicant. It is being made clear that in case the applicant fails to surrender before the concerned court within the period indicated hereinabove, this application shall stand dismissed without any further reference to the court below.

¶7

With the aforesaid directions, this application is finally disposed of.

¶8

Order Date :- 21.6.2019 Faridul

Shahgul v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shahgul 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohd. Sharif and 9 Others Vs State of U.P. and Another

Brahm Pal Vs State of U.P. and Another

Rajeev Kumar Jain and Another Vs State of U.P. and Another

Laxmikant Dubey @ Bablu Dubey Vs State of U.P. and Another

Devendra and 3 Ors. Vs State of U.P. and Another

Ashwani Malik Vs State of U.P. and Another