Disposed

Devendra v. State of U.P. and Another

Allahabad HC25 Nov 2020A482/16684/2020

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AI extract

What is this about?

High Court Bench directed that the applicant must apply for bail before the trial court within 45 days. The trial court is mandated to decide the bail application expeditiously, inter alia, referring to judgments in Amrawati and Lal Kamlendra Pratap Singh. No coercive action was to be taken during this period.

What did the court decide?

Directed applicant to apply for bail in trial court within 45 days; trial court to decide expeditiously. No coercive action for 45 days.

Devendra Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2020)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 16684 of 2020

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Applicant :- Devendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh,Vikash Pathak Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Santosh Kumar Singh, learned counsel for the applicant 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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"to quash the entire proceeding of Case No.1147/IV/2019 (State vs. Devendra) arising out of Case Crime No.221 of 2019 under Section 323, 354B, 452, 506 of IPC, Police Station -Farah, District-Mathura as well as quash the charge sheet dated 19.08.2019 and also quash the cognizance order dated 25.09.2019 passed by C.J.M. Mathura."

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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 applicant 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 Santosh Kumar Singh, learned counsel for the applicant 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 applicant 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

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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 LN Tripathi

Devendra v. State of U.P. and Another

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Devendra v. State of U.P. and Another

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