Disposed

Devi Dayal and 4 Others v. State of U.P. and Another

Allahabad HC26 Nov 2020A482/16750/2020

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C seeking quashing of a charge sheet, the applicant recast his relief to seek expeditious bail consideration by the trial court. The High Court directed the applicants to appear before the trial court within 45 days to apply for bail.

What did the court decide?

Mandated applicants to approach trial court within 45 days for bail; directed trial court to decide bail expeditiously citing Amrawati and Lal Kamlendra Pratap Singh; no coercive action for 45 days.

Devi Dayal and 4 Others 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. - 16750 of 2020

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Applicant :- Devi Dayal And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deenanath Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Deenanath 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 charge sheet dated 15.07.2020 case No. 6080 of 2020 (State Vs. Devi Dayal and others) in case crime No. 21 of 2020 U/S 147, 323, 504, 308, I.P.C. Police Station-Bilhaur, District Kanpur Nagar Pending in the court of C.J.M. Kanpur Dehat."

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Learned A.G.A submits that charge-sheet has been filed after collecting evidence which establishes the complicity of the applicants in the offence. Prima facie commission of offence by the applicants 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 applicants will appear before the trial court and apply for bail.

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The only prayer made by Sri Deenanath Mishra, learned counsel for the applicants is that the bail application of the applicants 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 will 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

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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 :- 26.11.2020 Nadeem Ahmad

Devi Dayal and 4 Others v. State of U.P. and Another

Case brief

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Devi Dayal and 4 Others v. State of U.P. and Another

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