Disposed

Rajesh and 2 Others v. State of U.P. and Another

Allahabad HC8 Jan 2021A482/18230/2020

Case brief

AI extract

What is this about?

The High Court dismissed the application for immediate bail but directed that any bail application filed upon the applicants' surrender within 45 days be considered expeditiously, preferably on the same day, based on relevant judicial precedents.

What did the court decide?

Directing that bail applications, if filed upon surrender within 45 days, shall be decided expeditiously, preferably on the same day. No coercive action during this period.

Rajesh and 2 Others Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 77 Case :- APPLICATION U/S 482 No. - 18230 of 2020 Applicant :- Rajesh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Yadav 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 Special Session Trial No.518 of 2020, State Vs. Rajesh and Other, in case crime no.27 of 2020, under Sections 452, 323, 504, 506 I.P.C. and Section 3(2) (5) Ka SC/ST Act, P.S. Baghwala, District Etah, 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 disposed of finally 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 in accordance with law 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 :- 8.1.2021/pks

Rajesh and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Rajesh and 2 Others v. State of U.P. and Another

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