Disposed

Ashok Solanki v. State of U.P. and Another

Allahabad HC7 Sept 2021A482/14003/2021

Case brief

AI extract

What is this about?

In this Section 482 CrPC application, the court granted no coercive action against the applicant for 30 days if he surrenders and applies for bail. The matter was disposed of by directing expeditious disposal of the bail application upon surrender. The order did not grant bail itself.

What did the court decide?

No coercive action for 30 days if applicant surrenders and applies for bail; bail application to be disposed expeditiously thereafter.

Ashok Solanki 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. - 14003 of 2021

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Applicant :- Ashok Solanki Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunita Chauhan,Rahul Srivastava 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 13.01.2020 whereby the learned court below issued non-bailable warrant against the applicant in Case No. 813/2020 (State Vs. Ashok Solanki) arising out of Case Crime No. 332/89, under Sections 147, 323, 467, 506 I.P.C., Police Station- Kotwali Nagar, DistrictBuland Shahar and also pending in the court of learned 1st Civil Judge (Junior Division), Buland Shahar.

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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 :- 7.9.2021 Sharad/-

Ashok Solanki v. State of U.P. and Another

Case brief

What is this about?

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Ashok Solanki v. State of U.P. and Another

Case brief

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What did the court decide?

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