Disposed

Bajrang Bahadur and 3 Others v. State of Up and Another

Allahabad HC8 Jan 2021A482/19644/2020

Case brief

AI extract

What is this about?

A Section 482 application to quash proceedings was refused as grounds were not made out. Instead, the High Court directed the lower court to hear bail applications expeditiously if applicants surrender within 30 days, ensuring no coercive action during that period.

What did the court decide?

Application to quash refused; direction to lower court to hear bail applications expeditiously upon surrender within 30 days; no coercive action allowed for 30 days.

Bajrang Bahadur and 3 Others Vs State of Up and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 19644 of 2020

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Applicant :- Bajrang Bahadur And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bare Lal,Pavan Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Yogendra Kumar Srivastava,J.

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Heard Sri Bare Lal, learned counsel for the applicants and Sri Arvind Kumar, learned AGA for the State-opposite party no. 1 and perused the record.

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This application under Section 482 CrPC has been filed by the applicants to quash the entire proceedings of Case No. 1336 of 2020 (State vs. Bajrang Bahadur and others) and Charge Sheet No. 06 of 2020 dated 7.1.2020, u/s 323, 504, 506, 427 and 308 IPC, arising out of Case Crime No. 360 of 2019, P.S. Sarai Mamrej, District Prayagraj.

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Learned counsel for the applicants after making submissions to some extent, 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.

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In view of the above, the relief as sought in the instant application is refused.

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At this stage counsel for the applicants has made an alternative prayer for a direction to be issued to the court below to consider and decide the bail application of the applicants, expeditiously in accordance with law.

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Considering the aforesaid prayer made by the learned counsel for the applicants, it is directed that in case the applicants appear and surrender before the concerned court below within 30 days from today and apply for bail, the bail application of the applicants shall be heard and disposed of expeditiously by the court below in accordance with law keeping in view of the seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 CrLJ 755 as well as judgment of the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. (2009) 4 SCC 437.

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For the period of 30 days from today or till the date of appearance of the applicants before the concerned court below,

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whichever is earlier, no coercive action shall be taken against the applicants in the above case.

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With the above observations and directions, this application under Section 482 CrPC is disposed of.

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Order Date :- 8.1.2021 Shalini

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(Dr. Y.K.Srivastava,J.)

Bajrang Bahadur and 3 Others v. State of Up and Another

Case brief

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Bajrang Bahadur and 3 Others v. State of Up and Another

Case brief

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