Partly allowed

Sunil Bind and Another v. State of U.P and Another

Allahabad HC8 Dec 2020A482/12178/2018

Case brief

AI extract

What is this about?

The Single Judge dismissed the applicant's prayer to quash the charge-sheet and stay proceedings as counsel withdrew these claims. Instead, the court directed that bail applications would be considered if applicants surrender and appear before the trial court within 30 days, quoting Amrawati and Lal Kamlendra Pratap Singh.

What did the court decide?

Application for quashing and stay dismissed; coercive action barred for 30 days subject to surrender and bail application.

Sunil Bind and Another Vs State of U.P and Another — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 12178 of 2018

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Applicant :- Sunil Bind And Another Opposite Party :- State Of U.P And Another Counsel for Applicant :- Rajesh Verma,Amit Rana,Triloki Nath Counsel for Opposite Party :- G.A.,Praveen Kumar Singh,Syed Imran Ibrahim

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Hon'ble Deepak Verma,J.

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This application U/S 482 Cr.P.C. has been filed seeking quashing of the charge-sheet in Case no. 3927 of 2015 arising out of Case Crime no. 148 of 2015, u/s 308, 323, 504, 506, 452 IPC, P.S. Bhelupur, District Varanasi.

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Learned counsel for the applicants submits that the entire proceeding initiated against the applicants are an abuse of process of law as no case is made out against the applicants. The I.O. without having any evidence against the applicants has submitted charge-sheet and after the chargesheet the applicants did not receive any notice about the charge-sheet. Learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers seeking quashing of the charge sheet and the entire proceeding as have been made in the application nor is inclined to press the prayer seeking stay of the summoning order and the proceeding. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done on the same day.

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Heard learned AGA and perused the record.

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In view of the submission made by the learned counsel for the applicants the application so far as it relates to seeking quashing of the charge sheet and the entire proceeding and so far as it relates to seeking stay of the proceeding, stands dismissed.

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However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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.

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For a period of 30 days from today, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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With the aforesaid observations, this application is finally disposed off.

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Order Date :- 8.12.2020 Dhirendra/

Sunil Bind and Another v. State of U.P and Another

Case brief

What is this about?

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Sunil Bind and Another v. State of U.P and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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