In an application under Section 482 Cr.P.C., the Court did not grant direct bail but directed the trial court to consider the applicants' bail application expeditiously within 30 days, citing relevant bail jurisprudence.
Direction to the trial court to consider the applicants' bail application expeditiously if they appear within 30 days.
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Court No. - 34
Case :- APPLICATION U/S 482 No. - 15790 of 2022
Applicant :- Kuldeep And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashwini Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By means of this Application under Section 482, the applicants have invoked the inherent jurisdiction of this Court for setting aside the order dated 15.03.2021 N.B.W. passed by A.C.J.M. IIIrd, District-Gautambudh Nagar, in Case Crime No. 46 of 2013 Case No. 1043 of 2013 "State vs. Rahul Giri and others" under Sections 498-A, 323, 504, 506, 406 I.P.C. and 3/4 D.P. Act P.S. Mahila Thana, District-Gautambudh Nagar and directing the court below to decide the bail application of the applicants.
At the outset, learned counsel for the applicants submits that a direction for bail be granted.
Accordingly, the application under Section 482 Cr.P.C. is disposed of with the direction to the trial court that if the applicants appear before the court concerned within a period of 30 days from today and apply for bail, their bail application be considered and decided, as expeditiously as possible, in view of the law laid down in Satendra Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950 .
Order Date :- 27.6.2022
SY
Digitally signed by SWETA YADAV Date: 2022.06.28 10:21:28 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the inherent jurisdiction under Section 482 Cr.P.C. should be exercised to direct the trial court to decide the bail application of the applicants expeditiously.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. Central Bureau of Investigation and anotherRelied on¶8
Satendra Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
Brahm Singh and others Vs. State of U.P. and othersRelied on¶8
Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950
1 provisions across 1 enactments
Kuldeep And 3 Others
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
