Disposed

Smt. Rani Bi and 2 Others v. State of U.P. and Another

Allahabad HC15 Mar 2019A482/7622/2019

Case brief

AI extract

What is this about?

The High Court, accepting the applicants' concession and shift in strategy regarding the charge sheet quashing, directed lower courts to expedite the hearing of their bail applications within 45 days. A stay on coercive action was granted for that period before issuance of bail orders.

What did the court decide?

Direction to lower courts to hear and dispose of bail applications expeditiously if applicants appear within 45 days; stay on coercive action for 45 days.

Smt. Rani Bi and 2 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. - 7622 of 2019

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Applicant :- Smt. Rani Bi And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Sri Krishna Kumar Singh has filed his Vakalatnama on behalf of opposite party no.2, is taken on record.

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Supplementary affidavit filed on behalf of the applicants, is also taken on record.

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Heard learned counsel for the applicants, learned counsel for the opposite party no.2 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. 420 of 2017 dated 18.07.2017 arising out of Case Crime No. 360 of 2017 and proceedings of case no. 1863 of 2018 (State Vs. Rana Bi and others) (Computer No. 2197 of 2018, C.N.R. No. UPM 004-005798 of 2018), under Sections 420, 467, 468, 471, 120B IPC, Police Station Civil Lines, District -Moradabad pending in the court of Chief Judicial Magistrate, Moradabad.

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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 18.07.2017 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

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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 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 :- 15.3.2019 AK Pandey

Smt. Rani Bi and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Smt. Rani Bi and 2 Others v. State of U.P. and Another

Case brief

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