Disposed

Saurabh Yadav @ Gaurav and Others v. State of U.P. Thru. Prin. Secy. Home Dpett. Civil Secrt. Lko. and Another

Allahabad HC3 Oct 2023/9486/2023

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C. seeking quashing of criminal proceedings, the applicants did not press their application. The court permitted them to file a bail application in the trial court, promising an expedited decision based on Supreme Court precedents, and disposed of the matter accordingly.

What did the court decide?

Applicants permitted to file bail application before trial court for expedited decision.

Saurabh Yadav @ Gaurav and Others Vs State of… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:63198

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 9486 of 2023

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Applicant :- Saurabh Yadav @ Gaurav And Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Dpett. Civil Secrt. Lko. And Another Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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

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Instant application under Section 482 Cr.P.C has been filed with prayer quashing of the entire entire proceedings of Criminal Case No.6414 of 2023 (485 of 2023) (State vs. Gaurav and Others) arising out of Case Crime No.295 of 2022 under Sections 452, 323, 504, 506, 308 I.P.C., Police StationJahangirganj, District- Ambedkar Nagar pending in the Court of learned Chief Judicial Magistrate, Ambedkar Nagar, as well as impugned charge sheet no.10 of 2023 dated 24.01.2023 in the aforesaid Case Crime Number and impugned cognizance/summoning order dated 22.02.2023 passed by the learned III Additional Civil Judge (Junior Division)/ Judicial Magistrate, Ambedkar Nagar.

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Learned counsel for the applicants submits that the applicants are innocent and they have falsely been implicated in the present case with false and frivolous allegations. He further added that the applicants were not involved in committing the alleged offence as has been mentioned in the first information report.

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At this stage, learned counsel for the applicants submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51 .

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Learned A.G.A. has no objection to the prayer made by learned counsel for the applicants.

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On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicants, namely, Saurabh Yadav alias Gaurav, Hariram and Smt. Urmila appear before the trial court within two weeks from today and file bail

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application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra) .

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The application is disposed off accordingly.

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Order Date :- 3.10.2023 Manoj K.

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Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Saurabh Yadav @ Gaurav and Others v. State of U.P. Thru. Prin. Secy. Home Dpett. Civil Secrt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Saurabh Yadav @ Gaurav and Others v. State of U.P. Thru. Prin. Secy. Home Dpett. Civil Secrt. Lko. and Another

Case brief

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What did the court decide?

What the court decided

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