Disposed

Avnesh and Another v. State of U.P. and Another

Allahabad HC25 Nov 2020A482/16574/2020

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What is this about?

Court disposed of Section 482 Cr.P.C application. Applicant recast relief to seek expedition of bail hearing. Court directed trial court to decide bail expeditiously citing precedents and stayed coercive action for 45 days.

What did the court decide?

Applicants to appear before trial court for bail within 45 days; bail to be decided expeditiously; no coercive action for 45 days; order recalled if bail not applied for.

Avnesh and Another Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2020)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 16574 of 2020

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Applicant :- Avnesh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ved Prakash Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Ved Prakash Mishra, learned counsel for the applicants and learned A.G.A for the State.

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This application under Section 482 Cr.P.C has been filed seeking the following relief:

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"quash the entire criminal proceeding including impugned charge-sheet dated 07.08.2020 bearing charge-sheet No.1 of 2020 in criminal case no. 13377 of 0202 (State of U.P. Vs. mahaveer Singh & others) arising out of case crime No. 255 of 2020 under Section 323, 504, 506, 325, 308 I.P.C. at police station Bilari, District Moradabad. pending in the court of Learned Judicial Magistrate Moradabad District Moradabad as well as summoning/ cognizance order dated"

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Learned A.G.A submits that charge-sheet has been filed after collecting evidence which establishes the complicity of the applicant in the offence. Prima facie commission of offence by the applicant is made out from the material in the record.

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Faced with this, learned counsel for the applicants does not press the reliefs sought in the present applicant. He recasts his relief and submits that the applicant shall appear before the trial court and apply for bail.

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The only prayer made by Sri Ved Prakash Mishra, learned counsel for the applicants is that the bail application of the applicant may be decided expeditiously.

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In view of the submissions made by learned counsel for the parties, this application is disposed of with the following directions:

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(1) The applicants shall appear before the trial court within a period of 45 days and apply for bail.

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(2) In case the bail application is filed within the aforesaid period, the trial court shall decide the bail application expeditiously in the light of law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported at 2004 (57) ALR 290 as well as judgment entered by Hon’ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P reported at 2009 (3) ADJ 322 (SC) .

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(3) For a period of 45 days no coercive action shall be taken against the applicants.

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(4) In case the applicants do not apply for bail in the aforesaid period, this order shall stand automatically recalled without recourse to this Court. The trial court shall proceed thereafter in accordance with law.

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Order Date :- 25.11.2020 Nadeem Ahmad

Avnesh and Another v. State of U.P. and Another

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Avnesh and Another v. State of U.P. and Another

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