Allowed

Shani @ Sarvesh Kumar Gupta v. State of U.P. and Another

Allahabad HC20 Jan 2021CRLAD/53/2021

Case brief

AI extract

What is this about?

The Court allowed the criminal appeal with a direction to the magistrate to consider the appellant's bail application within 45 days if surrendered. No coercive measures are to be taken against the appellant during this period, subject to strict conditions.

What did the court decide?

The appeal was dismissed with a direction that if the appellant surrenders and applies for bail within forty five days, the court below shall consider it on its own merit keeping in view principles la

Shani @ Sarvesh Kumar Gupta Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL APPEAL DEFECTIVE No. - 53 of 2021

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Appellant :- Shani @ Sarvesh Kumar Gupta Respondent :- State Of U.P. And Another Counsel for Appellant :- Rakesh Chandra Counsel for Respondent :- G.A.

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Hon'ble Ajit Kumar,J.

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Ref:- Criminal Misc. Delay Condonation Application.

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Heard learned counsel for the parties and perused the record.

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Cause shown for delay in filing the criminal appeal is sufficient. Delay in filing the criminal appeal is condoned.

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Delay condonation application is, accordingly, allowed.

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Order on Appeal

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Heard learned counsel for the appellant, learned AGA for the State and perused the record.

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This appeal has been filed by the appellant with a prayer to quash the charge sheet dated 18.08.2017 as well as cognizance order dated 29.10.2018 in Session Trial No. 97 of 2018 arising out of Case Crime no. 413 of 2017, under Sections 323, 325, 504, 506 I.P.C. and 3(2)(V) SC/ST Act, Police StationRobertsganj, District Sonebhadra, pending in the Court of Special Judge (SC/ST Act), Sonebhadra.

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At the very out set, learned counsel for the appellant submits that he may be permitted to move application seeking bail in connection with aforementioned case and some breathing time may be granted to move the same.

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Learned Additional Government does not object to the request made by the learned counsel for the appellant.

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In view of the above, this appeal is disposed of with a direction that in case if the appellant surrenders before the court below and applies for bail within a period of forty five days from today, the court below shall consider the bail application on its own merit and dispose of the same keeping in view the principles laid down by the Full Bench of this Court 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

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Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

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In the interest of justice, no coercive measures shall be taken against the appellant for a period of forty five days from today pursuant to the order dated 18th August, 2017 and consquential order dated 29th October, 2018.

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However, it is made clear that in case if the applicant fails to surrender and apply for fail within the period prescribed for hereinabove, interim protection shall stand evaporated and no further application shall be entertained for extension of time or modification of this order.

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The concerned Court/ Authority/ Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 20.1.2021 A.Kr.

Shani @ Sarvesh Kumar Gupta v. State of U.P. and Another

Case brief

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Shani @ Sarvesh Kumar Gupta v. State of U.P. and Another

Case brief

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