Applicants withdrew the prayer to quash proceedings due to insufficient grounds but sought bail. Court refused quash but directed expeditious bail hearing if applicants appeared within 30 days.
Relief to quash refused. Directions issued to hear bail application expeditiously within 30 days of appearance.
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Court No. - 74
Case :- APPLICATION U/S 482 No. - 15961 of 2021 Applicant :- Mohd. Atahar And 4 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Anil Kumar Singh,Mohammad Hisham Qadeer,Mohammed Iftekhar,Sanjeev Kumar Counsel for Opposite Party :- G.A.,Pankaj Misra
Hon'ble Krishan Pahal,J.
Heard Sri Anil Kumar Singh, learned counsel for the applicants and learned AGA for the State-respondent and also perused the material available on record.
By means of the application under Section 482 Cr.P.C., the applicants have invoked inherent jurisdiction of the Court with a prayer to quash the cognizance order dated dated 09.11.2020 as well as entire proceedings of Case Crime No.449 of 2019, under Sections 147, 148, 149, 323, 325, 504, 427, 307, 326, 34 IPC, Police Station- Nawabganj, District- Prayagraj. It has further been prayed that further proceedings of the aforesaid case be also stayed.
Learned counsel for the applicants at the very outset has fairly submitted that the necessary grounds for invoking the inherent powers of this Court under Section 482 CrPC have not been made out in the facts of the present case. Accordingly, he does not wish to press his prayer as made in the present application. It has also been prayed that a direction be issued to the court below to consider and decide the bail application of the applicants expeditiously in accordance with law. Learned counsel for the applicants has further stated that the co-accused persons, namely, Mohd. Faiz @ Faizulrahman @ Faizur Rahman and Athar Hussain @ Mohd. Athar have already been released on bail by another Bench of this Court.
In view of the above, relief as prayed for in the application is
refused.
However, considering the prayer made by the learned counsel for the applicants, it is provided that in case, the applicants appear before the court concerned within 30 days from today and apply for bail, the same shall be heard and disposed of expeditiously.
With the above directions, this application is disposed of finally. Order Date :- 7.12.2021 Siddhant
1 provisions across 1 enactments
Mohd. Atahar And 4 Others
State Of U.P. And 4 Others
Krishan Pahal
As recorded by the court registry
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