Disposed

Ramjas v. State of U.P. and Another

Allahabad HC26 Nov 2020A482/16884/2020

Case brief

AI extract

What is this about?

In Section 482 Cr.P.C. application, applicant withdrew quashing prayer and sought expedited bail decision. Court ordered appearance before trial court within 45 days for bail filing, forbade coercive action during that period, and mandated trial court to decide expeditiously citing precedent.

What did the court decide?

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

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

¶1

Court No. - 83

¶2

Case :- APPLICATION U/S 482 No. - 16884 of 2020

¶3

Applicant :- Ramjas Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajay Bhanot,J.

¶5

Heard Sri Rajesh Kumar, learned counsel for the applicant and learned AGA for the State.

¶6

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

¶7

"To allow the application and quash the impugned charge-sheet dated 18.07.2019 arising out of case crime no.0047 of 2019 under Sections 457, 380 IPC, P.S. Basai Mohammadpur, District-Firozabad, pending in the court of learned Judicial Magistrate, Firozabad."

¶8

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.

¶9

Faced with this, Sri Rajesh Kumar, 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.

¶10

The only prayer made by Sri Rajesh Kumar, learned counsel for the applicant is that bail application of the

¶11

applicant may be decided expeditiously.

¶12

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

¶13

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

¶14

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) .

¶15

III. For a period of 45 days no coercive action shall be taken against the applicant.

¶16

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.

¶17

Order Date :- 26.11.2020 Ashish Tripathi

Ramjas v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ramjas v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

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

Vicky Verma Vs State of U.P. and Another

Syed @ Mohd Javed and 4 Others Vs State of U.P. and Another

Shiv Kumar Vs State of U.P.

Vijay Pratap Singh Vs State of U.P. and 2 Others

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