Disposed

Jhamman Alias Vikash Alias Viras Singh Pathak v. State of U.P. and Another

Allahabad HC14 Jan 2020A482/1915/2020

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. without granting bail. It directed the trial court to consider the applicant's bail application if he surrenders within 15 days. No coercive action was to be taken during this period.

What did the court decide?

Application disposed with direction to trial court to consider bail application if applicant surrenders within 15 days; no coercive action for that period.

Jhamman Alias Vikash Alias Viras Singh Pathak Vs… — Criminal Trial and Appeal | Allahabad HC (2020)

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Court No. - 80 Case :- APPLICATION U/S 482 No. - 1915 of 2020 Applicant :- Jhamman Alias Vikash Alias Viras Singh Pathak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard Sri Ravi Prakash Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

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The present application under Section 482 Cr.P.C. has been filed by applicant for quashing the Non-bailable warrant order dated 28.11.2019 passed by Additional District & Sessions Judge / F.T.C., Court No. 2, Aligarh in S.T. No. 403 of 2017 (State of U.P. Vs. Ravi alias Chhotu and others), Case Crime No. 398 of 2016, under Sections 302, 452, 506 I.P.C., P.S. Iglash, District Aligarh, pending in the Court of Additional District & Sessions Judge / F.T.C., Court No. 2, Aligarh.

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Only submission made by learned counsel for the applicant is for issuing a suitable direction for considering the bail application of accused-applicant when he surrenders before the trial court.

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Learned AGA has no objection to the aforesaid request.

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Considering the submission of both parties, application under Section 482 Cr.P.C. is finally disposed of with direction to trial court that if the applicant appears and surrenders before the trial court within 15 days from today and apply for bail, his bail application shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC) and judgement of Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ 151.

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For a period of 15 days from today or till his surrender whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, appropriate action shall be taken against him in accordance with law.

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Order Date :- 14.1.2020 / Manoj

Jhamman Alias Vikash Alias Viras Singh Pathak v. State of U.P. and Another

Case brief

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Jhamman Alias Vikash Alias Viras Singh Pathak v. State of U.P. and Another

Case brief

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