Disposed

Vajid Ali v. State of U.P. and Anr.

Allahabad HC26 Feb 2020A482/34189/2019

Case brief

AI extract

What is this about?

The court refused to quash the charge-sheet and summoning order on merits as the counsel withdrew this challenge. However, it directed the lower courts to hear the bail application expeditiously under the benign antecedents of relevant precedents and stayed coercive action for 45 days.

What did the court decide?

No coercive action against the applicant during 45 days; direction to lower courts to dispose of bail application expeditiously.

Vajid Ali Vs State of U.P. and Anr. — Bail and Remand | Allahabad HC (2020)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 34189 of 2019

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Applicant :- Vajid Ali Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Vidya Sagar Counsel for Opposite Party :- G.A.,Balendra Kumar Singh,Ghan Shyam Das

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Hon'ble Sanjay Kumar Singh,J.

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Heard Mr. Vidya Sagar, learned counsel for the applicant, Mr. Kamal Krishna, learned Senior Advocate assisted by Mr. Ghan Shyam Das, learned counsel for opposite party No. 2 and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the charge-sheet No. 87 of 2019 dated 19.6.2019 and summoning order dated 4.7.2019 passed by Additional Chief Judicial Magistrate, Bhadohi at Gyanpur in Criminal Case No. 1859 of 2019 (State vs. Vajid Ali) arising out of Case Crime No. 0097 of 2019, under Sections 313, 376, 420 and 506 IPC, police station Aurai, district Bhadohi.

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The main substratum of argument of learned counsel for the applicant is that the first information report has been lodged against the applicant on the false and concocted facts. The medical evidence also does not corroborate the prosecution case, therefore, impugned charge sheet is liable to be quashed.

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After advancing certain arguments at length by learned counsel for the applicant, when the Court put certain query to him, he gave up his challenge to the aforesaid impugned charge-sheet dated 19.6.2019 and summoning order dated 4.7.2019 against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. Learned counsel for the applicant further

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stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously in accordance with law.

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In view of above, the relief as sought by the applicant in the instant application is refused.

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Considering the aforesaid prayer made by learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with law keeping in view of the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement of the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P.; (2009) 4 Supreme Court Cases, 437.

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For the period of 45 days from today or till the date of appearance of the applicant before the concerned court below, whichever is earlier, no coercive action shall be taken against the applicant in the above case.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 26.2.2020

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Sumaira

Vajid Ali v. State of U.P. and Anr.

Case brief

What is this about?

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Vajid Ali v. State of U.P. and Anr.

Case brief

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What did the court decide?

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