Disposed

Manoj Balmiki v. State of U.P. and Another

Allahabad HC14 Sept 2021A482/1381/2021

Case brief

AI extract

What is this about?

The applicant applied for quashing of proceedings and expeditious bail consideration citing Supreme Court precedents. The court directed that if the applicant surrenders and applies for bail within 30 days, it shall be decided expeditiously. No coercive action shall be taken during this period unless the applicant fails to appear.

What did the court decide?

No coercive action against the applicant for 30 days if he appears and applies for bail; bail to be considered expeditiously thereafter.

Manoj Balmiki 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. - 1381 of 2021

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Applicant :- Manoj Balmiki Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akash Tyagi,Surya Prakash Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant, 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 order dated 04.10.2019 as well as entire criminal proceedings of Case No. 12080 of 2019 (State of U.P. Vs. Satya Prakash Tyagi and others), arising out of Case Crime No.0638 of 2018, under Sections 323, 324, 506, 325 I.P.C., Police Station- Medical College, District- Meerut, pending in the court of C.J.M., Meerut.

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At the very outset, learned counsel for the applicant 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 applicant and in view of the entire facts and circumstances of the case, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies 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 applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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

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Order Date :- 14.9.2021 shiv

Manoj Balmiki v. State of U.P. and Another

Case brief

What is this about?

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Manoj Balmiki v. State of U.P. and Another

Case brief

What is this about?

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