Disposed

Yaduveer Alias Edvir v. State of U.P. and Another

Allahabad HC20 Jun 2023A482/21224/2023

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC, the Hon'ble Court dismissed the prayer to set aside the summons order but directed the summons officer to suspend coercive action for fifteen days if the applicant surrenders and applies for bail. If no appearance is made within the stipulated time, coercive action shall follow.

What did the court decide?

Prayer to set aside order dismissed. Conditional: if applicant surrenders and applies for bail within 15 days, bail to be considered; no coercive action pending condition; otherwise coercive action al

Yaduveer Alias Edvir Vs State of U.P. and Another — Allahabad HC (2023) — LawSathi Research

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Neutral Citation No. - 2023:AHC:127603

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Court No. - 48

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Case :- APPLICATION U/S 482 No. - 21224 of 2023 Applicant :- Yaduveer Alias Edvir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar Kuntal Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This application has been filed with the prayer to set aside the order dated 06.03.2019 passed by Special Judge, Gangster Act, Mathura in Gangster Session Trial No. 01 of 2014 (State Vs. Yogendra and others) arising out of Case Crime No. 354 of 2012, under Section 2/3 of Gangster Act, Police Station Jamunapar, District Mathura, by which the non-bailable warrants have been issued against the applicant.

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Learned counsel for the applicant submits that the impugned proceedings are wholly based upon concocted allegations and with ulterior intention of harassing the applicant.

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Per contra, learned A.G.A. has submitted that from the perusal of the proceedings, it cannot be said that no cognizable offence is made out.

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After hearing the submissions advanced, no case for quashing of the order dated 06.03.2019 has made out.

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However, looking to the facts and circumstances of the case, it is directed that in case, applicant appears and surrenders before the court below within fifteen days from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law. For a period of fifteen days from today or till applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him. However, in case, applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

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With the aforesaid observations, the instant application is finally disposed of.

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Order Date :- 20.6.2023/Shafique

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Yaduveer Alias Edvir v. State of U.P. and Another

Case brief

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Yaduveer Alias Edvir v. State of U.P. and Another

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