Atul @ Rahul Dubey v. State of U.P. and Another
Case brief
What is this about?
The High Court disposed of an application under Section 482 CrPC seeking to quash proceedings. Being willing to adjourn the bail application, the court directed that if the applicant surrenders within 30 days and applies for bail, the bail prayer will be decided expeditiously.
What the court decided
Court No. - 85
Case :- APPLICATION U/S 482 No. - 9282 of 2021
Applicant :- Atul @ Rahul Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.,Anuj Kumar Dwivedi,Lavkush Kumar Shukla
Hon'ble Gautam Chowdhary,J.
Sri Lavkush Kumar Shukla, Advocate files vakalatnama on behalf of O.P. No. 2 today, taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for O.P. No. 2 and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the proceedings of Case No. 135 of 2021 (State Vs Subhash Mishra & others) arising out of case crime no. 68 of 2020, under sections 147, 323, 504, 506, 325, 308 IPC, P.S. Rampur, District Jaunpur and charge sheet No. 143 of 2020 pending in the court of A.C.J.M.-IV, Court No. 15, Jaunpur.
At the very outset, learned counsel for the applicant has submitted that they do not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of their 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.
Issues for consideration
3 issues framed by the court
Whether to quash criminal proceedings or grant bail in the pending application.
Whether to direct expeditious disposal of the bail application.
Whether the applicant is willing to surrender to avail bail.
Parties & counsel
- applicant
Atul @ Rahul Dubey
- respondent
State of U.P.
Coram
Chowdhary, Gautam
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- A482/9282/2021
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