Disposed

Ashish @ Chhotu Thakur v. State of U.P. and Another

Allahabad HC6 Sept 2021A482/8901/2021

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking quashing of a charge sheet and expeditious bail, the Court directed that bail be considered expeditiously if the applicant appears within three weeks and no coercive action shall be taken for 30 days.

What did the court decide?

No coercive action for 30 days; bail to be decided expeditiously within three weeks if applicant appears.

Ashish @ Chhotu Thakur Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 85 Case :- APPLICATION U/S 482 No. - 8901 of 2021

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Applicant :- Ashish @ Chhotu Thakur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kripa Shanker Yadav 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 A.G.A. for the State and perused the record.

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This application under section 482 Cr.P.C. has been filed with a prayer to set aside the impugned charge sheet dated 15.01.2019 as well as the entire proceeding of (State Vs. Ashish @ Chhoteu Thakur) arising out of sase crime No. 250 of 2018, under section 452, 3540Kha), 506 IPC and section 7/8 POCSO Act and section 3()(V)SC/ST Act, P.S. Narwal, District Kanpur Nagar passed by Addl.District Judge-22 (POCSO Act), Kanpur 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, it is directed that if the applicant appears/ surrenders before the court below and applies for bail within three weeks from today, 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 appears/ 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 observations, this application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 6.9.2021

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RPD

Ashish @ Chhotu Thakur v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ashish @ Chhotu Thakur v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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