Disposed

Ram Surat and Others v. State of U.P. and Another

Allahabad HC1 Dec 2022A482/7534/2013

Case brief

AI extract

What is this about?

A single judge dismissed the challenge to the summons order issued against some applicants while directing the remaining applicants (ladies) to appear and file for discharge, granting liberty to bail under Satender Kumar Antil.

What did the court decide?

Applicants no. 5 to 10 directed to appear within 3 weeks; liberty granted to file Section 245 Cr.P.C. application; bail liberty subject to filing Section 245 Cr.P.C. application.

Ram Surat and Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2022)

¶1

Court No. - 84

¶2

Case :- APPLICATION U/S 482 No. - 7534 of 2013

¶3

Applicant :- Ram Surat And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kishore,Mahendra Pratap Yadav

¶4

Counsel for Opposite Party :- Govt. Advocate

¶5

Hon'ble Saurabh Shyam Shamshery,J.

¶6

This application was filed initially by 10 applicants, challenging the summoning order dated 09.01.2013 in Complaint Case No. 724 of 2012 (Ishwar lal vs. Ram Surat & Others) whereby applicant nos. 1, 2, 3 and 4 were summoned under Sections 323, 504, 506, 452, 384 I.P.C., applicant nos. 6 and 7 were summoned under Sections 379, 504 I.P.C. and applicant nos. 5, 8, 9 and 10 were summoned under Sections 504 I.P.C. This Court vide order dated 06.03.2013 dismissed his present application qua to applicant nos. 1 to 4 and so far as remaining applicants are concerned i.e. applicant nos. 5 to 10 on the ground being lady has issued notice to opposite party no. 2.

¶7

According to office report dated 01.12.2022, notice was served upon opposite party no. 2 personally, however, none has put in appearance on behalf of the opposite party no. 2.

¶8

Sri Awadesh Kumar Yadav, learned counsel for the applicants submits that he has no instructions about the status of trial qua applicant nos. 1 to 4. He tried to challenge the impugned order on the ground of discrepancy between statements recorded under Section 200 and 202 Cr.P.C., however, I have carefully perused impugned order and that learned trial Court has rightly considered allegations against each of applicants and issued summons according to their respective roles.

¶9

Therefore, I do not find any illegality in the impugned order passed by the learned trial Court. Prayers are rejected.

¶10

At this stage, learned counsel for the applicants submits that applicant nos. 5 to 10 will appear before the court concerned within a period of three weeks' from today and after the stage of Section 244 Cr.P.C. they will be permitted to file an application for discharge under Section 245 Cr.P.C.

¶11

In these circumstances, without interfering in the impugned order, applicant nos. 5 to 10 are directed to appear before the court concerned in the above case within a period of three

¶12

weeks' from today and after the stage of Section 244 Cr.P.C. they will have liberty to file an application under Section 245 Cr.P.C. and in the event of filing same shall be considered in accordance with law and their bail application may be considered in term of the judgment of Hon'ble Surpeme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in ( 2021) 10 SCC 773 .

¶13

Accordingly, the application is disposed of.

¶14

Order Date :- 1.12.2022 Aditya

¶15

Digitally signed by ADITYA KUSHWAHA Date: 2022.12.05 13:22:33 IST Reason: Location: High Court of Judicature at Allahabad

Ram Surat and Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ram Surat and Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Bachchu and Others Vs State of U.P. and Another

Ram Babu Vs State of U.P. and Another

Anurag Aggrawal Vs State of U.P. and Another

Seeva Femi and 6 Others Vs State of U.P. and Another

Sangam Kumar and 2 Others Vs State of U.P. and Another

Anurag Bharti @ Tinkal Balmiki Anfd 3 Others Vs State of U.P. and Another