Dismissed

Amir Chand Patel v. State of U.P. and Another

Allahabad HC17 Jan 2020A482/1949/2020

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What is this about?

Hon'ble Court No. - 80 dismissed the application quashing the impugned orders. The court directed the Lower Court to consider the bail application expeditiously. If the applicant surrenders within three weeks, no coercive action will be taken; otherwise, appropriate action will follow.

What did the court decide?

The Court directed the Court below to consider the bail application expeditiously. For three weeks or until surrender, no coercive action shall be taken.

Amir Chand Patel Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2020)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 1949 of 2020

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Applicant :- Amir Chand Patel Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Misra,Sri Viresh Misra(Sr. Adv.) Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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Heard learned Counsel for the parties 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 order dated 27.11.2019, 9.12,2019 and 02.01.2020 passed by Special Judge MP/MLA, Allahabad in S.T. No. 581A/2012 (State Vs. Amir Chand Patel) arising out of Crime No. 260 of 2012, U/s 302, 120B/34 IPC, Police Station Cantt., District Varanasi.

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Learned Counsel for the applicant submits that applicant is innocent. He has committed no offence and he has been falsely implicated in the present case. Lastly he submits that applicant is ready to approach the Court below for bail, therefore, he may be given some time to surrenders before the Court below and a suitable direction be issued for considering his bail application on same day, in accordance with law.

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On the other hand, learned AGA refuted the submissions made by learned Counsel for applicant and he has no objection to the aforesaid request regarding the direction of bail.

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Considering over all circumstances of the case and rival submissions made by learned Counsel for the parties, it cannot be said that no prima-facie case is made out. Submissions made at bar relate to disputed questions of fact, which cannot be considered by the court at this stage under Section 482 Cr.P.C.

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Present application is dispose of with a direction to the Court below to consider the bail application of the applicant expeditiously, in accordance with law, and keeping in view of the settled law laid down 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 . If applicant surrenders and applies for bail within a period of three weeks from today.

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For a period of three weeks from today or till his surrenders whichever is earlier, no coercive action shall be taken against the applicant.

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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 :- 17.1.2020 Ujjawal

Amir Chand Patel v. State of U.P. and Another

Case brief

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Amir Chand Patel v. State of U.P. and Another

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