Disposed

Jagannath and Anr. v. State of U.P. and Anr.

Allahabad HC5 Mar 2019A482/7592/2019

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What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. where the applicants withdrew their challenge to the charge-sheet and sought protection and expedited bail consideration. The court directed courts below to hear the bail application within 45 days without coercive action during that period.

What did the court decide?

Direction to courts below to hear bail application expeditiously within 45 days with no coercive action during that period.

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

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 7592 of 2019

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Applicant :- Jagannath And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Dhiresh Kumar 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 No.78/18 dated 08.03.2018 arising out of Case Crime No.42 of 2018 and proceedings of Criminal Case no.3528 of 2018 (State vs. Jagannath and another), under Sections 323, 352, 504, 325 I.P.C., Police Station Subhash Nagar, District -Bareilly, pending in the court of Additional Chief Judicial Magistrate-VII, Bareilly.

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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 No.78/18 dated 08.03.2018 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 applicant 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 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

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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 :- 5.3.2019 SKD

Jagannath and Anr. v. State of U.P. and Anr.

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Jagannath and Anr. v. State of U.P. and Anr.

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