Court granted liberty to applicants to move a bail application in the lower court within fifteen days. The bail decision will be based on cited judgments from the Supreme Court and High Court.
Liberty given to applicants to move bail application within fifteen days for consideration by the court below.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 7596 of 2012
Applicant :- Sesh Narayan And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- B.N. Rai,Adarsh Kumar,Ajai Kumar Singh
Counsel for Opposite Party :- Govt.Advocate,Phool Singh Yadav,Santosh Kumar Nigam
Hon'ble Manish Kumar,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
The present petition has been preferred under Section 482 Cr.P.C. to quash the complaint case no. SST 25 of 2011, under Section 395 and 506 of the Indian Penal Code, Police Station Bilhaur, District Kanpur Nagar pending in the Court of Special Judge (DAA), Ramabai Nagar.
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 :- 5.4.2022 Ashish
Digitally signed by ASHISH MISHRA Date: 2022.04.06 10:43:30 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether liberty should be granted to the applicants to move a bail application in the court below within fifteen days.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶8
2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶8
2009 (3) ADJ 322 (SC)
Hussain and Ors. Vs. Union of India (UOI) and Ors.Referred¶8
MANU/SC/0274/2017
2 provisions across 2 enactments
Sesh Narayan And Others
State of U.P.
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
