Partly allowed

Ram Belas and 2 Others v. State of U.P. and Another

Allahabad HC21 Jan 2021A482/1110/2021

Case brief

AI extract

What is this about?

This order partially granted an application seeking speedy bail. Upon the applicant's clarification to forego quashing prayers and seek bail instead, the court stubs the quashing prayer but directs a 30-day appearance and surrender before the court below for expedited bail consideration.

What did the court decide?

Refused quashing prayer; directed court below to consider bail expeditiously within 30 days of applicant's surrender.

Ram Belas and 2 Others Vs State of U.P. and Another — Allahabad HC (2021) — LawSathi Research

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 1110 of 2021

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Applicant :- Ram Belas And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjai Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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

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The present application under Section 482 Cr.P.C. has been filed for quashing the Charge Sheet No. 1 dated 12.07.2018 as well as cognizance/ summoning order dated 20.01.2019 passed by the Additional Chief Judicial Magistrate/ F.T.C., Siddhartha Nagar in Criminal Case No. 5586 of 2018 (State v. Ram Belas and others), arising out of Case Crime No. 33 of 2018, under Sections 452, 323, 325, 504, 506 I.P.C., Police Station Chilhiya, District Siddhartha Nagar.

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At the very outset learned counsel appearing on behalf of the applicants submits that he does not want to press the principal prayers seeking quashing of the proceedings as well as summoning order as have been made in the application. They are ready to submit to the jurisdiction of the court, seek bail and accept all the conditions, which this Court may deem fit to impose upon them. The only prayer made by the learned counsel for the applicants is that the hearing of the bail application may be done expeditiously.

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In view of the submission made by the learned counsel for the applicants, the prayer, insofar as it relates to seeking quashing of the proceedings as well as summoning order, stands refused.

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However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and

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apply for bail, their prayer for bail shall be considered and decided expeditiously in view of the settled law laid down by the Hon'ble Apex Court.

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For a period of 30 days from today or till the appearance of the applicants before the court concerned, 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 observations, this application is finally disposed of.

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It is made clear that no application seeking extension of time shall be entertained if this order is not complied with within the aforesaid period.

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Order Date :- 21.1.2021 SKT/-

Ram Belas and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Ram Belas and 2 Others v. State of U.P. and Another

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