Disposed

Bhupendra Pratap Singh @ Shivpal Singh v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. and Another

Allahabad HC12 Oct 2023/9955/2023

Case brief

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What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of charges. The Court allowed the applicant liberty to file a bail application before the trial court within three weeks, with a direction for expedited hearing citing Satender Kumar Antil.

What did the court decide?

Liberty to file bail application within three weeks for expedited hearing; proceeding disposed of.

Bhupendra Pratap Singh @ Shivpal Singh Vs State… — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:66339

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 9955 of 2023

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Applicant :- Bhupendra Pratap Singh @ Shivpal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. And Another Counsel for Applicant :- Ramakar Shukla 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 applicant, Shri Girijesh Kumar Dwivedi, learned AGA for the State and perused the record.

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Instant application under Section 482 Cr.P.C has been filed with the prayer to quash the impugned chargesheet dated 22-12-2018 and the order of cognizance and summoning order dated 27-072019 passed by the court of learned Chief Judicial Magistrate, Court No. 16, Sultanpur in Crl.Case No. 4411 of 2019, State Vs. Arun Kumar and Others, vide Case Crime No. 305 of 2018, under sections 147,148,323,504,506,354-B,308,325 of I.P.C., Police Station-Lambhua, District-Sultanpur.

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Learned counsel appearing for the applicant submits that the applicant is innocent and was never involved in committing the offence as has been mentioned in the first information report. He added that due to enmity, his name has been planted in the first information report and thereafter he has been chargesheeted. He next added that due to unavoidable circumstances, he could not appear before the court below.

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At this stage, learned counsel for the applicant 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 applicant.

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On due consideration to the submissions of learned counsel for the parties', it is provided that in case, the applicant appears before the trial court within three weeks from today and files bail 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 of accordingly.

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Order Date :- 12.10.2023 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Bhupendra Pratap Singh @ Shivpal Singh v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Bhupendra Pratap Singh @ Shivpal Singh v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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