Disposed

Kafeel Ahmad v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Allahabad HC4 Feb 2022/410/2022

Case brief

AI extract

What is this about?

Black letter law applied to allow an applicant under Section 482 CrPC to surrender for bail within two weeks without pressing the quashing application on merit, without implying a direction to grant bail.

What did the court decide?

Permission granted to surrender for bail within two weeks and obtain expedient hearing without pressing the application on merit.

Kafeel Ahmad Vs State of U.P. Thru. Prin. Secy. Home. Lko… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 35

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Case :- APPLICATION U/S 482 No. - 410 of 2022

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Applicant :- Kafeel Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home. Lko And Another Counsel for Applicant :- Pankaj Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Mr. Pankaj Kumar Singh, learned counsel for the applicant as well as Mr. Prem Prakash, learned Additional Government Advocate appearing for the State and perused the record.

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By means of the present application under Section 482 Cr.P.C. the applicant has sought quashing of the impugned charge sheet no.120 of 2016 dated 18.09.2016 filed by the Police of Police Station Tikait Nagar, District Barabanki in respect of F.I.R. No.0215 of 2016 under Sections 323, 504, 506, 147, 148 I.P.C. and 3 (1) (r) (s) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 in Special Case No.47 of 2016; State Vs. Gufran Pradhan and others, pending before the Special Judge, SC/ST Act, Barabanki, as well as for quashing of the entire proceedings of the aforesaid case.

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After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to surrender and move bail application before the court concerned and suitable directions may be issued that the same may be heard and decided expeditiously, in accordance to law.

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Learned A.G.A. has no objection in grant of aforesaid prayer.

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In view of above, it is provided that if the applicant surrenders before the courts below within two weeks from today and applies for bail, his application for bail shall be considered and decided by the court below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Another Vs. State of U.P. reported in 2004 (57) ALR 290 , as affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) .

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It is made clear that this order shall not be treated as an implied

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direction of this Court to grant bail to the applicant and the court concerned shall be at liberty to pass appropriate order in accordance to law.

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In case, applicant fails to surrender before the Courts below within the stipulated period of two weeks, he will not get benefit of this order.

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The application is disposed off .

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad and the computer generated copy of such order shall be self attested by the counsel of the party concerned.

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The concerned Court/Authority/Official shall 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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(Subhash Vidyarthi, J.)

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Order Date :- 4.2.2022 Ram.

Kafeel Ahmad v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Case brief

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Kafeel Ahmad v. State of U.P. Thru. Prin. Secy. Home. Lko and Another

Case brief

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