Partly allowed

Kamal and Another v. State of U.P. and Another

Allahabad HC30 Mar 2022A482/19652/2021

Case brief

AI extract

What is this about?

This order anticipates and grants liberty to the applicants to file a bail petition before the trial court, with a stipulation for its decision within ten days of filing, relying on instructions from the Supreme Court in Satender Kumar Antil. The petition for quashing was disposed of accordingly.

What did the court decide?

Liberty granted to file bail application within 15 days to be decided within 10 days; Petition disposed of.

Kamal and Another Vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2022)

¶1

Court No. - 92 Case :- APPLICATION U/S 482 No. - 19652 of 2021 Applicant :- Kamal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mool Chandra Maurya Counsel for Opposite Party :- G.A.

¶2

Hon'ble Manish Kumar,J.

¶3

Heard learned counsel for the petitioners/ applicants and learned counsel for the opposite parties as well as perused the record.

¶4

The present petition under Section 482 Cr.P.C has been filed by the petitioners with the prayer to quash the entire proceeding of the criminal case and charge sheet dated 20.03.2021 as well as cognizance order dated 01.07.2021 in Criminal Case No.6463 of 2021, arising out of Case Crime No.442 of 2020, under Sections 354, 506 I.P.C., Police Station - Aliganj, District - Etah, pending in the court of Additional Chief Judicial Magistrate, Court No.17, Etah.

¶5

After arguing at some length, learned counsel for the petitioners/ applicants submits that a liberty may be given to the petitioners/ applicants to file bail application before the learned trial court and the same may be decided in view of law laid by Hon'ble Supreme Court in order dated 7.10.2021 passed in Petition for Special Leave to Appeal (Cri) No.5191 of 2021 Satender Kumar Antil versus Central Bureau of Investigation and another.

¶6

Learned A.G.A. has no objection to the prayer made by learned counsel for the petitioners/ applicants.

¶7

As prayed by the learned counsel for the applicants / petitioners', it is provided that in case, the petitioners move bail application before the trial court within fifteen days' from today, the same shall be decided within a period of ten days thereafter, in view of law laid down in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (supra).

¶8

The petition is disposed of accordingly.

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Order Date :- 30.3.2022/S. Kumar

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Digitally signed by SANTOSH KUMAR Date: 2022.03.30 14:19:41 IST Reason: Location: High Court of Judicature at Allahabad

Kamal and Another v. State of U.P. and Another

Case brief

What is this about?

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Kamal and Another 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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