This petition under Section 482 Cr.P.C. was disposed of by granting liberty to the applicants to file a bail application before the court below within fifteen days.
Liberty to move bail application within fifteen days before the court below.
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Court No. - 92
Case :- APPLICATION U/S 482 No. - 8097 of 2022
Applicant :- Sushil Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Maurya Counsel for Opposite Party :- G.A.
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 Charge Sheet dated 13.06.2021 and its cognizance order dated 15.11.2021 in Case Crime No. 99 of 2021 under Sections 143, 323, 504, 506 and 308 of the Indian Penal Code, Police Station Bariya, District Ballia.
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).
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 cases of Amrawati (supra) and Lal Kamlendra Pratap Singh (supra).
With the aforesaid observations and directions, the present petition is disposed of.
Order Date :- 7.4.2022
Ashish
Digitally signed by ASHISH MISHRA Date: 2022.04.07 18:04:15 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether liberty to move a bail application in the court of first instance should be granted in this proceeding.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶7
Amrawati and another Vs. State of U.P., 2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶7
Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC)
1 provisions across 1 enactments
Sushil Singh and 4 Others
State of U.P.
Manish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
