The High Court disposed of an application under Section 482 Cr.P.C. by directing the trial court to dispose of a bail application promptly if the applicants appear within four weeks, citing relevant precedents on bail.
Direction to trial court to dispose bail application if applicants appear within four weeks.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 10218 of 2018
Applicant :- Durgesh Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants and learned A.G.A. for the State-respondent and perused the record.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding in case no. 47 of 2018, State Vs. Durgesh and others, under sections 147, 354(k), 323, 504, 506, 427 I.P.C. and 3(1)(d) and 3(1) (b) (4) of SC/ST Act as well as chargesheet dated 12.01.2018 arising out of case crime no. 0673 of 2017, police station Pataherwa, District Kushinagar.
In the Court, learned counsel for the applicants only submitted that some direction be issued to the Court concerned regarding bail as they want to surrender before the trial court.
The application is, therefore, disposed of with the direction to the trial court that if the applicants appear before the trial court within four weeks from today and move an application before the trial court, the same shall be disposed of as soon as possible in view of the law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.
Order Date :- 7.4.2023
Gss
Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad
2 issues framed by the court
Whether to dispose of the application under Section 482 Cr.P.C. regarding bail directions in underlying criminal proceedings.
Whether to direct the trial court to dispose of bail application if applicants appear within four weeks.
1 provisions across 1 enactments
Durgesh Yadav and Another
State of U.P.
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
