Disposed

Rajaram and 3 Others v. State of U.P. and Another

Allahabad HC24 May 2023A482/19457/2023

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of an application under Section 482 Cr.P.C. without quashing the proceedings. Instead, it directed the lower court to decide the applicants' bail prayer expeditiously if they surrender within three weeks, combined with a non-coercive action order.

What did the court decide?

Direction to lower court to decide bail prayer expeditiously if applicants surrender within three weeks; permission for no coercive action during that period.

Rajaram and 3 Others Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:117824

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Court No. - 69 Case :- APPLICATION U/S 482 No. - 19457 of 2023 Applicant :- Rajaram And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harikesh Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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

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This application u/s 482 Cr.P.C. has been filed with the prayer to quash the Charge Sheet dated 13.11.2022 and cognizance order dated 08.02.2023 as well as further proceeding of Case No.3006 of 2023, arising out of Case Crime No.804 of 2022, under Sections 452, 504, 323, 506 I.P.C., Police Station Puranpur, District Pilibhit.

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The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present case has been instituted with a mala fide intention for the purposes of harassment.

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After arguing the case for quite some time at length, learned counsel for the applicants submits that the applicants do not want to press the prayer for quashing the entire proceedings of aforesaid case and the purpose of his client would suffice, if a direction may be given to the courts below to decide the bail application within specific time frame.

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However, it is directed, that in case applicants appear and surrender before the court below within a period of three weeks from today and apply for bail the court below shall consider and decide the bail prayer of applicants expeditiously in accordance with law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 .

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For the period of three weeks, no coercive action shall be taken against the applicants in the aforesaid case.

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With the above directions, present application U/S 482 Cr.P.C. is disposed off .

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Order Date :- 24.5.2023 Atul

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Rajaram and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Rajaram and 3 Others v. State of U.P. and Another

Case brief

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