Suresh and 3 Others Vs State of U.P. and Another — Allahabad HC (2020) — LawSathi Research

Suresh and 3 Others Vs State of U.P. and Another — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: (i) applicants to appear before the learned trial court and apply for bail within 30 days; (ii) trial court to decide the bail application expeditiously in the light of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC); (iii) order to stand automatically recalled without recourse to this Court if bail is not applied for within the period, whereafter the trial court to proceed in accordance with law. The original prayer to quash the chargesheet and criminal-case proceedings was not pressed by counsel.

Issue for consideration

Whether the impugned chargesheet No. 04 of 2020 dated 17.01.2020, the cognizance taken by I.A.C.J.M., Court No. 1, Fatehpur, and the entire proceedings of Criminal Case No. 2983 of 2020 (State Vs. Suresh and Others), arising out of Case Crime No. 192 of 2019 under Sections 323, 308, 504, 506 I.P.C., Police Station Jahanabad, District Fatehpur, should be quashed. +1 more

Ratio / Principle

The applicants are to appear before the learned trial court within a period of 30 days and apply for bail within a period of 30 days.

Key takeaways

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 the law laid down in Amrawati and another Vs. State of U.P. (2004 (57) ALR 290) and the judgement of the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. (2009 (3) ADJ 322 (SC)).ratio¶14
In case the applicants do not apply for bail within the aforesaid period, this order shall stand automatically recalled without recourse to this Court, and the learned trial court shall proceed thereafter in accordance with law.ratio¶15

Detailed headnote1 paragraphs

Suresh and three others, facing chargesheet No. 04 of 2020 dated 17.01.2020 and proceedings of Criminal Case No. 2983 of 2020 (State Vs. Suresh and Others), arising out of Case Crime No. 192 of 2019 under Sections 323, 308, 504, 506 I.P.C., Police Station Jahanabad, District Fatehpur, moved an application under Section 482 Cr.P.C. seeking quashing of the chargesheet, the cognizance taken by I.A.C.J.M., Court No. 1, Fatehpur, and the entire trial proceedings. Counsel for the applicants did not press the quashing relief and recast it as a prayer that their bail applications be decided expeditiously. The Court (Hon'ble Ajay Bhanot, J., Court No. 83) disposed of the application with directions: the applicants to appear before the trial court and apply for bail within 30 days; the trial court to decide the bail application expeditiously in the light of Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 and Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC); failing application for bail within the period, the order to stand automatically recalled without recourse to this Court and the trial court to proceed in accordance with law.

Court No. - 83

Case :- APPLICATION U/S 482 No. - 17032 of 2020

Applicant :- Suresh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

Heard Shri Ashok Kumar Singh, learned counsel for the applicants and learned AGA for the State.

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

"To allow the present application under Section 482 Cr.P.C. and quash the impugned chargesheet No. 04 of 2020 dated 17.01.2020 and cognizance taken by I.A.C.J.M., Court No. 1, Fatehpur in Criminal Case No. 2983 of 2020 (State Vs. Suresh and Others), arising out of Case Crime No. 192 of 2019, under Sections 323, 308, 504, 506 I.P.C. Police Station Jahanabad, District Fatehpur as well as entire proceedings of Criminal Case No. 2983 of 2020 (State Vs. Suresh and Others), arising out of Case Crime No. 192 of 2019, under Sections 323, 308, 504 and 506 I.P.C. Police Station Jahanabad, District Fatehpur, pending before the learned Additional Civil Judge (J.D.). and stay the aforesaid proceedings."

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.

Faced with this, Sri Ashok Kumar Singh, learned counsel

for the applicants does not press the relief 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.

The only prayer made by Sri Ashok Kumar Singh, learned counsel for the applicants is that bail application of the applicants may be decided expeditiously.

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

I. The applicants will appear before the learned trial court within a period of 30 days and apply for bail within a period of 30 days.

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) .

III. 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 learned trial court shall proceed thereafter in accordance with law.

Order Date :- 1.12.2020 Dhananjai