Dismissed

Lalit Kumar and 5 Others v. State of U.P and Another

Allahabad HC3 Dec 2022A482/35137/2022

Case brief

AI extract

What is this about?

The High Court dismissed an application under Section 482 Cr.P.C. seeking to stay a non-bailable warrant and requesting directions for bail consideration. The court held that the allegations disclose a cognizable offence and the matter is governed by Supreme Court bail guidelines.

What did the court decide?

Prayer to quash charge sheet and consequential proceedings rejected; no direction issued for bail.

Lalit Kumar and 5 Others Vs State of U.P and… — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 35137 of 2022

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Applicant :- Lalit Kumar And 5 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Ram Narain Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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This application has been filed for staying the effect and operation of the order dated 24.06.2022 passed by Chief Judicial Magistrate Firozabad whereby a N.B.W. against the applicants has been issued by the court below.

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On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicant.

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At this Court, in exercise of its power under section 482 Cr.P.C., is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected.

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At this stage, the learned counsel for the applicants submits that the applicants have so far not been arrested in the above case and the police is seeking to arrest the applicants and there may be coercive processes issued against the applicants by the court concerned therefore, some direction may be issued to the court concerned for consideration of the bail prayer of the applicants.

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As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 28.07.2021) has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific direction need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex court.

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With the aforesaid observations, the application is disposed off.

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Order Date :- 3.12.2022 Sachin/-

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Digitally signed by SACHIN TIWARI Date: 2022.12.03 16:52:40 IST Reason: Location: High Court of Judicature at Allahabad

Lalit Kumar and 5 Others v. State of U.P and Another

Case brief

What is this about?

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Lalit Kumar and 5 Others v. State of U.P and Another

Case brief

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What did the court decide?

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