Dismissed

Rajesh Gupta and Another v. State of U.P. and Another

Allahabad HC13 Sept 2021A482/5573/2021

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the court directed the applicants to surrender and apply for bail within 30 days for expeditious disposal. No coercive action was taken if they complied, but promised within. The court also permitted an application for discharge.

What did the court decide?

Directed to surrender and apply for bail within 30 days; no coercive action pending compliance; alternative discharge direction permitted.

Rajesh Gupta and Another Vs State of U.P. 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. - 5573 of 2021

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Applicant :- Rajesh Gupta And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikas Srivastava Counsel for Opposite Party :- G.A.,Abhinav Gaur,Mohd. Rashid Siddiqui

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicants, 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 30/09/2020 and as well as entire proceedings of Case No. 31084 of 2020 (State vs. Vineet Gupta and others) arising out of Case Crime No.1389 of 2019, under Sections 420, 406, 504, 506 I.P.C., Police Station- Kavinagar, District- Ghaziabad, pending in the court of Chief Judicial Magistrate, Ghaziabad.

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At the very outset, learned counsel for the applicants 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 applicants and in view of the entire facts and circumstances of the case, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply 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 applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

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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

Rajesh Gupta and Another v. State of U.P. and Another

Case brief

What is this about?

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Rajesh Gupta and Another v. State of U.P. and Another

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