Disposed

Akash and Another v. State of U.P. and Another

Allahabad HC21 Apr 2023A482/14234/2023

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of an application under Section 482 Cr.P.C. filed to quash proceedings. The applicants withdrew their challenge to the charge-sheet. The court granted non-arrest protection for four weeks or until surrender and directed the lower courts to decide the bail application expeditiously referencing the leading guidelines laid down by the Apex Court.

What did the court decide?

Non-arrest protection for four weeks or until surrender; direction to lower courts to dispose of bail application expeditiously.

Akash and Another Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 66

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Case :- APPLICATION U/S 482 No. - 14234 of 2023

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Applicant :- Akash And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R.B. Sahai Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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

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The instant application under Section 482 Cr.P.C. has been filed by the applicants to quash/stay the charge sheet dated 31.8.2018 as well as N.B.W. dated 10.1.2023 and entire proceeding of Criminal Case No. 287 of 2020 (State vs. Akash) arising out of Case Crime No. 64 of 2018 under Sections 323, 506 IPC, Police Station Sigramau, District Jaunpur, pending in the court of Additional Chief Judicial Magistrate, Court No. 14, Jaunpur.

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After arguing the matter at some length, learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet and entire proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction at the outset may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.

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Learned A.G.A. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period.

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In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within four weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in

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accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.

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For the period of four weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.

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With the above observations/directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 21.4.2023 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Akash and Another v. State of U.P. and Another

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Akash and Another v. State of U.P. and Another

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