Partly allowed

Vakil and 2 OTHERS2 v. State of U.P. and Another

Allahabad HC24 Feb 2020A482/7326/2020

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. for quashing an order rejecting a discharge application, the High Court found no illegality in the impugned order and refused quashing. The Court directed that if the applicants surrendered and applied for bail within 30 days, their bail prayer would be considered.

What did the court decide?

Prayer for quashing refused; 30-day stay on coercive action pending surrender and bail application; bail to be considered upon surrender.

Vakil and 2 OTHERS2 Vs State of U.P. and Another — Service and Employment | Allahabad HC (2020)

¶1

Court No. - 82 Case :- APPLICATION U/S 482 No. - 7326 of 2020 Applicant :- Vakil And 2 Others2 Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.

¶2

Hon'ble Bachchoo Lal,J.

¶3

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶4

The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 2.12.2019 in case no. 5052 of 2019 and case crime no. 0252 of 2019 under section 323, 504, 506, 308 I.P.C. police station Najibabad District Bijnor.

¶5

The contention of learned counsel for the applicants is that the applicants moved a discharge application before the court below which was rejected by the court below vide order dated 2.12.2019. It has further been submitted that the applicants have every intention to appear or surrender before the court below and co-opeate with the proceedings of trial.

¶6

Considering the facts and circumstances of the case, I don't find any illegality or irregularity in the impugned order dated 2.12.2019, therefore, prayer for quashing the same is hereby refused.

¶7

However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

¶8

For a period of 30 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

¶9

With the aforesaid directions, this application is finally disposed of.

¶10

Order Date :- 24.2.2020/Gss

Vakil and 2 OTHERS2 v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vakil and 2 OTHERS2 v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt Pooja @ Muskan and Another Vs State of U.P. and Another

Airunnisha Vs State of U.P. and 5 Others

Ashish Gupta Vs State of U.P. and 3 Others

Yashpal Vs State of U.P. and 2 Others

Arif Gudda and 4 Ors. Vs State of U.P. and Anr.

Manoj Kumar and 3 Others Vs State of U.P. and Another