Disposed

Chandrabhan and 4 Others v. State of U.P. and Another

Allahabad HC8 Dec 2020A482/18199/2020

Case brief

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What is this about?

The court, disposing of an S. 482 Cr.P.C. application that was recast into a bail plea, directed the applicants to file a bail application before the trial court within 30 days. The trial court was directed to dispose of it expeditiously, and no coercive action was to be taken during this period.

What did the court decide?

Applicants directed to apply for bail before the trial court within 30 days; no coercive action against them during this period.

Chandrabhan and 4 Others Vs State of U.P. and Another — Allahabad HC (2020) — LawSathi Research

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 18199 of 2020 Applicant :- Chandrabhan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nanhe Lal Tripathi,Satish Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Nanhe Lal Tripathi, learned counsel for the applicants and learned AGA for the State.

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

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"to quash the order dated 26.10.2019 as well as the entire proceeding of the S.T. no. 67 of 2019, Kadore Vs Chandrabhan and others (relating to Complaint Case No. 08 of 2019), under Section 394 I.P.C. P.S. Jakhlaun, District- Lalitpur, pending before the learned Special Judge (U.P.D.A.A.), Lalitpur. "

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Learned A.G.A. contends that the learned trial court had applied its mind and accorded full consideration to the material in the record before summoning the applicants. Prima facie offence is made out against the applicants.

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Faced with this, Sri Nanhe Lal Tripathi, learned counsel for the applicants do 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.

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The only prayer made by Sri Nanhe Lal Tripathi, learned 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

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directions:

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

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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 30 days 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 of 30 days, this order shall stand automatically recalled without recourse to this Court. The learned trial court shall proceed thereafter in accordance with law.

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Order Date :- 8.12.2020 Pravin

Chandrabhan and 4 Others v. State of U.P. and Another

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Chandrabhan and 4 Others v. State of U.P. and Another

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