Disposed

Jitendra and 10 Others v. State of Up and Another

Allahabad HC7 Jan 2021A482/19061/2020

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC considering a pending bail petition involving Sections 147, 323, 504, 506 IPC, the High Court directed that if applicants surrendered and applied for bail within 45 days, their bail application would be considered and decided expeditiously, preferably on the same day, citing the Amrawati SCC case.

What did the court decide?

Restrained coercive action for 45 days; directed expedited hearing and same-day disposal of bail application if applicants surrendered and applied within that period.

Jitendra and 10 Others Vs State of Up and Another — Criminal Trial and Appeal | Allahabad HC (2021)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 19061 of 2020

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Applicant :- Jitendra And 10 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Prakash Rai,Rajesh Tewari 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 Case No. 2739/2020 Crime No. 36 of 2020, under Sections 147, 323, 504, 506, 452 and 308 I.P.C. and 7 C.L.A Act, Police Station Dullahpur, District Ghazipur, pending before the Additional Chief Judicial Magistrate, Ghazipur, 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) ALR290 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 :- 7.1.2021

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Jitendra and 10 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Jitendra and 10 Others v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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