Disposed

Vicky Verma v. State of U.P. and Another

Allahabad HC25 Nov 2020A482/16648/2020

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AI extract

What is this about?

The applicant sought to quash proceedings but withdrew that prayer. The court disposed of the application by directing the applicant to apply for bail within 45 days and mandating an expeditious hearing of that application, with no coercive action during this period.

What did the court decide?

Applicant to apply for bail within 45 days; trial court to decide expeditiously; no coercive action for 45 days.

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

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 16648 of 2020

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Applicant :- Vicky Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harshit Pathak,Anurag Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Harshit Pathak, learned counsel for the applicant and learned AGA for the State.

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The applicant has sought for the following relief in the instant application under Section 482 Cr.P.C.:-

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"To quash and stay the impugned charge-sheet dated 10.02.2020 and the entire proceeding in Case No.9806 of 2020 arising out of Case Crime No.1374 of 2019 under Sections 420, 381, 504 and 506 IPC registered at Police Station-Phase III, District-Gautam Buddh Nagar."

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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, Sri Harshit Pathak, learned counsel for the applicant does not press the relief sought in the present application under Section 482 Cr.P.C. He recasts his relief and submits that the applicant will appear before the learned trial court and apply for bail. The only prayer made by Sri Harshit Pathak, learned

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counsel for the applicant is that bail application of the applicant may be decided expeditiously.

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

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I. The applicant will appear before the learned trial court within a period of 45 days and apply for bail.

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II. In case the bail application is filed within the aforesaid period, the learned trial court shall decide the bail application expeditiously in the light of law laid down by this Court in Amrawati and another Vs. State of U.P. reported at 2004 (57) ALR 290 as well as judgement 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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III. For a period of 45 days no coercive action shall be taken against the applicant.

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IV. In case the applicant does not apply for bail in the aforesaid period, this order shall stand automatically recalled without recourse to this Court. The learned trial court shall proceed thereafter in accordance with law.

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Order Date :- 25.11.2020 Ashish Tripathi

Vicky Verma v. State of U.P. and Another

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Vicky Verma v. State of U.P. and Another

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