Disposed

Prashu Ram and Anr. v. State of U.P. and Anr.

Allahabad HC12 Mar 2019A482/8499/2019

Case brief

AI extract

What is this about?

The High Court held that while the applicants gave up challenges to the charge-sheet and proceedings, they should be granted protection. The Court directed lower courts to hear and dispose of the applicants' bail application expeditiously if they appear within 45 days, restraining coercive action during this period.

What did the court decide?

Direction to lower courts to dispose of bail application expeditiously if applicants appear within 45 days; no coercive action during 45 days.

Prashu Ram and Anr. Vs State of U.P. and Anr. — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 8499 of 2019

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Applicant :- Prashu Ram And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Manoj 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 dated 23.05.2017 arising out of Case Crime No.446 of 2016, cognizance order dated 27.06.2017 and criminal proceedings of Case No.6268 of 2017 (State vs. Parashu Ram & others), under Sections 419, 420 & 465 I.P.C., Police Station Chiluatal, District -Gorakhpur, pending in the court of Additional Chief Judicial Magistrate/Civil Judge (Senior Division), Court No.2, Gorakhpur.

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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 23.05.2017 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 appear 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 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 :- 12.3.2019 SKD

Prashu Ram and Anr. v. State of U.P. and Anr.

Case brief

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Prashu Ram and Anr. v. State of U.P. and Anr.

Case brief

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