Disposed

Gourav Sikka v. State of U.P. and Another

Allahabad HC7 Sept 2021A482/3693/2021

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. to quash charges and proceedings. It directed that if the applicant surrenders and applies for bail within 30 days and appears, the bail application will be disposed of expeditiously, suspending coercive action until then. The court also permitted the applicant to seek discharge before the trial court within a month, with a decisi

What did the court decide?

Direction for expeditious bail consideration if applicant surrenders within 30 days; suspension of coercive action during this period; permission to petition for discharge.

Gourav Sikka Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 85

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Case :- APPLICATION U/S 482 No. - 3693 of 2021

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Applicant :- Gourav Sikka Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Vajpeyi,Praveen Kumar Singh 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 charge-sheet dated 20.08.2020 and cognizance order dated 11.09.2020 as well as entire criminal proceedings of Case No. 2968 of 2020 (State Vs. Gourav Sikkal), arising out of Case Crime No. 423 of 2020, under Sections 406, 411, 34 IPC, P.S. Phase-2, District Gautam Budh Nagar, pending in the court of A.C.J.M.-III, Gautam Budh Nagar.

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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 :- 7.9.2021

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RPD

Gourav Sikka v. State of U.P. and Another

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Gourav Sikka v. State of U.P. and Another

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