Rajesh @ Rajesh Panchal v. State of U.P. and Another
Case brief
What is this about?
The Court disposed of an application under Section 482 Cr.P.C. for quashing non-bailable warrants and proceedings. It directed the trial court to consider the applicant's bail application within fifteen days of surrender and held no coercive action during this period.
What did the court decide?
Direction to the Court below to consider bail application within fifteen days of surrender; no coercive action during this period.
What the court decided
Court No. - 80
Case :- APPLICATION U/S 482 No. - 1956 of 2020
Applicant :- Rajesh @ Rajesh Panchal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present application under Section 482 Cr.P.C. has been filed by applicant for quashing the NBW as well as proceedings under Section 82 Cr.P.C. dated 07.09.2018 issued against applicant in Session Trial No.274 of 2009, State versus Rajesh arising out of complaint case no.10 of 2007, under Sections 394 IPC, Police Station Koanch, District Jalaun.
Only submission made by learned Counsel for applicant is that applicant is ready to approach the Court below for bail, therefore, he may be given some time to surrender before the Court below and a suitable direction be issued for considering his bail application, in accordance with law.
Learned AGA has no objection to the aforesaid request regarding the direction of bail.
Present application is dispose of with a direction to the Court below that if applicant surrenders and moves an application for bail within a period of fifteen days from today. Trial Court shall consider his bail application, 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 .
Issues for consideration
1 issue framed by the court
Whether the High Court should quash the non-bailable warrant and proceedings under Section 82 Cr.P.C. by directing the trial court to consider a bail application if the applicant surrenders within fif
Parties & counsel
- applicant
Rajesh @ Rajesh Panchal
- respondent
State of U.P.
Coram
Rajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- A482/1956/2020
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