The Court granted protection from arrest to the applicant for four weeks or until his surrender, directing the lower court to expeditiously consider his bail application under Section 482 Cr.P.C.
Direction to grant no-arrest protection for four weeks or until surrender and mandate expeditious disposal of bail.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 14259 of 2023
Applicant :- Veerpal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed by the applicant to quash/stay the charge-sheet dated 05.04.2021 as well as entire proceedings of the Criminal Case No. 1089 of 2021, arising out of Case Crime No. 04 of 2021 under Sections 498-A, 323, 504 IPC and 3/4 of Dowry Prohibition Act, Police Station Bhuta, District Bareilly, pending in the court of Additional Chief Judicial Magistrate-2, Bareilly.
After arguing the matter at some length, learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet and entire proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant 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 applicant expeditiously.
Learned A.G.A. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection in granting protection to him for a short period.
In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within four weeks from today and in case applies for bail, the bail application of the applicant shall be considered and disposed of expeditiously by the
courts below in 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.
For the period of four weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case.
With the above observations/directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 21.4.2023 Puspendra
Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶10
Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773 · Who else cites this
4 provisions across 4 enactments
Veerpal
State of U.P.
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
