Disposed

Pramod Kumar v. State of Up and Another

Allahabad HC13 Sept 2021A482/2543/2021

Case brief

AI extract

What is this about?

The court directed that the applicant be granted bail if he surrenders and applies for bail within 30 days without coercive action. It also allowed the applicant to move a discharge application within one month to be decided on merits within three months.

What did the court decide?

Directs expeditious consideration of bail application if applicant surrenders within 30 days; no coercive action permitted; allows application for discharge.

Pramod Kumar Vs State of Up and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 85

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Case :- APPLICATION U/S 482 No. - 2543 of 2021

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Applicant :- Pramod Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings in pursuance of the charge sheet No. 172 of 2020 arising out of case No. 5365 of 2020 (State Vs. Pramod) arising out of case crime NO. 565 of 2019, under section 306 IPC, P.S. Gajraula, District Amroha pending in the court of C.J.M. Amrroha.

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At the very outset, learned counsel for the applicant has submitted that he does not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of his bail application in view of law laid down 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 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

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Considering the prayer of the applicant and in view of the entire facts and circumstances of the case, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.

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For a period of 30 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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With the aforesaid directions, this application is finally disposed of.

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However, as requested, the applicant is permitted to appear before the concerned court within a month from today and move an application claiming discharge. The concerned court shall after hearing, decide the application on merits, in accordance with law, within a period which shall not exceed a period of three months from today.

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Order Date :- 13.9.2021

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RPD

Pramod Kumar v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Pramod Kumar v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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