Disposed

Bhura @ Mohd. Israil and 5 Others v. State of U.P. and Another

Allahabad HC5 Jan 2021A482/18076/2020

Case brief

AI extract

What is this about?

The Court disposed of an application under Section 482 CrPC directing that if applicants surrender and apply for bail within 45 days, their bail application will be disposed expeditiously. No coercive action shall be taken during this period.

What did the court decide?

Interim order for no coercive action granted for 45 days contingent on surrender and filing of bail application.

Bhura @ Mohd. Israil and 5 Others Vs State of… — Writ and Judicial Review | Allahabad HC (2021)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 18076 of 2020 Applicant :- Bhura @ Mohd. Israil And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Radhey Shyam Shukla,Vipul Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Having heard the learned counsel for the applicants, learned AGA and perusing the material available on record, I do not see any merit in the present application warranting any interference by this Court.

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At this stage, the learned counsel for the applicants made a prayer that the bail application of the applicants in 512 of 2020, under Sections 147, 323, 504, 506 IPC and Section 3(2) (Va) SC/ST Act, P.S. Puwayan, District Shahjahanpur, may be ordered to be considered expeditiously, if possible, on the same day by the concerned Court below where the said case is pending.

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Considering the facts and circumstances of the case and the prayer so made by the learned counsel for the applicants, the application is finally disposed off with a direction that in case the applicants surrender before the concerned Court below within a period of 45 days from today and apply for bail, their bail application shall be considered and decided expeditiously preferably on same day in view of the settled law laid down by the Seven Judges' decision of this Court 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 Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor.

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For a period of 45 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against the applicants. However, in case, applicants do not appear before the Court below within the aforesaid period, interim order shall stand vacated automatically.

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Copy of the order downloaded from the official website of the Allahabad High Court shall be accepted as a true copy of this order.

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Order Date :- 5.1.2021 S. Rahman

Bhura @ Mohd. Israil and 5 Others v. State of U.P. and Another

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Bhura @ Mohd. Israil and 5 Others v. State of U.P. and Another

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