The High Court allowed the applicant liberty to move a bail application within fifteen days before the trial court. The matter was disposed of based on specified Supreme Court and High Court precedents regarding bail and quashing of proceedings.
Liberty granted to move bail application within fifteen days before the court below.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 30457 of 2021
Applicant :- Amit Chaurasia Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ran Vijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Present petition under Section 482 has been preferred to quash the impugned charge-sheet dated 20.07.2018 as well as summoning order dated 24.12.2018 and non-bailable warrants dated 19.12.2020 to 11.10.2021 in Case No. 12422 of 2018 arising out of Case Crime No. 291 of 2018, under Section 323, 504, 506 of the Indian Penal Code, Police Station Sigra, District Varanasi, pending before the Chief Judicial Magistrate, Varanasi.
After arguing at some length, learned counsel for the applicants/petitioners has submitted that liberty may be given to the applicants/petitioners to move bail application before the court below and the same shall be decided in the light of the judgment of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 and judgment of the Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) and in Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017.
As prayed, the applicants/petitioners are at liberty to move bail application within fifteen days and the same shall be decided in the light of judgment in the case of Amrawati (supra) and judgments of Hon'ble Apex Court in the cases of Lal Kamlendra Pratap Singh (supra) and Hussain (supra) .
With the aforesaid observations and directions, the present petition is disposed of.
Order Date :- 4.4.2022 Ashish
Digitally signed by ASHISH MISHRA Date: 2022.04.05 17:40:51 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether liberty to move a bail application before the lower court must be granted pending decision of the quashing petition.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Explained¶7
Amrawati and another Vs. State of U.P., 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Explained¶7
Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC)
Hussain and Ors. Vs. Union of IndiaExplained¶7
Hussain and Ors. Vs. Union of India (UOI) and Ors., MANU/SC/0274/2017
1 provisions across 1 enactments
Amit Chaurasia
State of U.P.
Manish Kumar
Ashish Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
