Disposed

Vipin Kumar and 2 Others v. State of U.P. and Another

Allahabad HC23 Nov 2020A482/16904/2020

Case brief

AI extract

What is this about?

The Single Judge disposed of an application under Section 482 Cr.P.C. The applicant withdrew quashing prayers and sought expedited bail. The court directed the applicant to apply for bail in the trial court within two months and ordered a stay on coercive action during that period.

What did the court decide?

Applicant directed to apply for bail in trial court within two months; coercive action stayed for that period; trial court to decide bail expeditiously.

Vipin Kumar and 2 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. - 16904 of 2020

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Applicant :- Vipin Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Narendra Singh, learned counsel for the applicants and learned AGA for the State.

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This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings in Criminal Case No.777 of 2020 as well as Charge-sheet No.58 of 2020 dated 08.06.2020 and cognizance order dated 08.06.2020 under Sections 354, 452, 504 and 506 of the IPC in between State of U.P. Vs. Vipin Kumar and others arising out of Case Crime No.37 of 2020, Police Station-Kurra, District-Mainpuri pending in the court of J.M. -I, Mainpuri.

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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, Sri Narendra Singh, learned counsel for the applicants does not press the reliefs sought in the present application under Section 482 Cr.P.C. He recasts his relief and submits that the applicants will appear before the learned trial court and apply for bail.

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The only prayer made by Sri Narendra Singh, learned

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counsel for the applicants is that bail application of the applicants 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 applicants will appear before the learned trial court within a period of two months and apply for bail. 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 two months no coercive action shall be taken against the applicants.

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IV. In case the applicants do not apply for bail in the aforesaid period, the learned trial court shall proceed against the applicants in accordance with law.

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Order Date :- 23.11.2020 Ashish Tripathi

Vipin Kumar and 2 Others v. State of U.P. and Another

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Vipin Kumar and 2 Others v. State of U.P. and Another

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