Disposed

Jane Ali @ Gattu and 3 Others v. State of U.P. and Another

Allahabad HC3 Sept 2021A482/11074/2021

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 CrPC application seeking quashment and bail. It directed a 30-day window for the applicants to surrender and apply for bail, with a stay on coercive action. An alternative application for discharge may be filed within a month.

What did the court decide?

Directed appearance within 30 days to apply for bail; stayed coercive action; permitted discharge application within a month.

Jane Ali @ Gattu and 3 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 85

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Case :- APPLICATION U/S 482 No. - 11074 of 2021

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Applicant :- Jane Ali @ Gattu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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

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This application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceeding of Criminal Case No. 385 of 2020 (State Vs. Bahar Ali and others), arising out of case crime no. 212 of 2020, under sections 323, 324, 307, 504 IPC and section 30 Arms Act, P.S. Dataganj, district Budaun pending in the court of A.C.J.M. Court No. 2, Budaun as well as charge-sheet dated 16.3.2020 and supplementary charge sheet dated 2.7.2020 including the cognizance order dated 5.9.2020.

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At the very outset, learned counsel for the applicants has submitted that he does not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of his bail application in view of law laid down 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.

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Considering the prayer of the applicants and in view of the entire facts and circumstances of the case, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, his prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.

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

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

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However, as requested, the applicants are permitted to appear before the concerned court within a month from today and move an application claiming discharge. The concerned court shall after hearing, decide the application on merits, in accordance with law, within a period which shall not exceed a period of three months from today.

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Order Date :- 3.9.2021

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RPD

Jane Ali @ Gattu and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Jane Ali @ Gattu and 3 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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