Disposed

Ram Saran Chaudhary and 5 Others v. State of U.P. and Another

Allahabad HC17 May 2022A482/27374/2021

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash a charge sheet and cognizance order, the court directed the petitioner/applicant to file a bail application before the trial court. The applicant was granted liberty to do so within fifteen days, with a directive that the trial court must decide the bail application within ten days of its filing, citing relevant Supreme Court law.

What did the court decide?

Liberty granted to file bail application within 15 days; trial court directed to decide bail application within 10 days.

Ram Saran Chaudhary and 5 Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 92 Case :- APPLICATION U/S 482 No. - 27374 of 2021 Applicant :- Ram Saran Chaudhary And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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

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The present petition under Section 482 Cr.P.C has been filed by the petitioners with the prayer to quash the Charge Sheet Dated 08.06.2021 as well as cognizance order dated 11.08.2021 alongwith entire criminal proceeding of S.S.T. No.706/2021, arising out of Case Crime No.77/2021, U/s 147, 323, 504, 506 IPC & Section 3(1)(r) & 3(2)5 OF SC/ST Act, Police Station - Lalganj, District - Basti, pending in the court of Exclusive Special Judge (SC/ST Act), Basti.

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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.

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

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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).

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The petition is disposed of accordingly.

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Order Date :- 17.5.2022 S. Kumar

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Digitally signed by SANTOSH KUMAR Date: 2022.05.18 09:28:14 IST Reason: Location: High Court of Judicature at Allahabad

Ram Saran Chaudhary and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ram Saran Chaudhary and 5 Others 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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