Disposed

Ashok Kumar and 4 Others v. State of U.P. and Another

Allahabad HC8 Sept 2021A482/5819/2021

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What is this about?

This High Court application sought quashing of proceedings and expeditious bail disposal. The Court directed expeditious bail consideration if the applicants surrender within 30 days, barred coercive action during this period, and allowed a discharge application to be decided within three months.

What did the court decide?

Directed expeditious bail consideration if applicants surrender within 30 days; no coercive action in that period; permitted discharge application to be decided within three months.

Ashok Kumar and 4 Others 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. - 5819 of 2021

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Applicant :- Ashok Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sohan Lal Yadav,Smita Singh Deo Counsel for Opposite Party :- G.A.

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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 proceeding of Case No. 5887 of 2019 (State vs. Ashok Kumar and others), arising out of Case Crime No. 132 of 2017, u/s 498A, 323 I.P.C. and 3/4 D.P. Act, P.S.Mundali, District Meerut, and charge sheet dated 9.5.2018, pending in the court of J.M.-I, Meerut as well as stay the effect and operation of summoning order dated 20.7.2019.

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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, their 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 applicants are 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

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accordance with law, within a period which shall not exceed a period of three months from today.

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Order Date :- 8.9.2021 Vandana

Ashok Kumar and 4 Others v. State of U.P. and Another

Case brief

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Ashok Kumar and 4 Others v. State of U.P. and Another

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