Partly allowed

Prabhu Harizan and 2 Others v. State of Up and Another

Allahabad HC17 Jan 2020A482/630/2020

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. refusing to quash criminal proceedings but directed the trial court to consider the applicants' bail applications on the same day of surrender within one month, prohibiting coercive action during this period.

What did the court decide?

Time granted to surrender within one month; direction to Court below to consider bail applications same day if possible; no coercive action during this period.

Prabhu Harizan and 2 Others Vs State of Up and Another — Bail and Remand | Allahabad HC (2020)

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 630 of 2020

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Applicant :- Prabhu Harizan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma

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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 applicants for quashing the entire proceeding in pursuance of charge sheet dated 27.05.2019 in Case No.1632 of 2019, State versus Prabhu Harizan and another, (Case Crime No.56 of 2019), under Sections 323, 504, 506, 427 and 452 IPC, Police Station Purenderpur, District Maharajganj pending in the Court of Judicial Magistrate, Farenda, District Maharajganj.

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Learned Counsel for the applicants submits that applicants are innocent. They have committed no offence and they have been falsely implicated in the present case. Lastly he submits that applicants are ready to approach the Court below for bail, therefore, they may be given some time to surrender before the Court below and a suitable direction be issued for considering their bail applications 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 applicants 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 applicants preferably same day, if possible, 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 applicants surrender and apply for bail within a period of one month from today.

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For a period of one month from today or till their surrender whichever is earlier, no coercive action shall be taken against the applicants.

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However, in case, the applicants do not appear before the Court below within the aforesaid period, appropriate action shall be taken against them, in accordance with law.

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Order Date :- 17.1.2020 I.A.Siddiqui

Prabhu Harizan and 2 Others v. State of Up and Another

Case brief

What is this about?

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Prabhu Harizan and 2 Others v. State of Up and Another

Case brief

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