Disposed

Rajendra Yadav and 2 Others v. State of U.P. and Another

Allahabad HC27 Jun 2023A482/22998/2023

Case brief

AI extract

What is this about?

Applicants sought quashing of a non-bailable warrant and bail. Counsel withdrew the quashing prayer. The single judge allowed surrender within three weeks to seek bail, withholding coercive action during this period, relying on Satender Kumar Antil.

What did the court decide?

No action to be taken against applicants if they surrender within three weeks to seek bail.

Rajendra Yadav and 2 Others Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:128933

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 22998 of 2023

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Applicant :- Rajendra Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saroj Kumar Dubey,Kamlesh Shrama Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. Case called out.

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Heard Sri Saroj Kumar Dubey, learned counsel for the applicants, Sri Shri Krishna Tiwari, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants Rajendra Yadav, Ram Kishun @ Ram Krishna Ram and Keshav Yadav with the prayer to allow this application and quash the order dated 23.02.2023 passed by Additional District Sessions Judge, Varanasi by which he has issued non bailable warrant against the applicants in Special Case No. 02 of 2017 (State Vs. Ashok Kumar Yadav) arising out of Case Crime No. 1214 of 2010 under Sections 417, 420, 468, 120-B IPC and Section 13(1) (D)/13(2) of Prevention of Corruption Act, P.S. Mardah, District Ghazipur and with a further prayer to direct the learned court below to decide the bail application moved on behalf of applicants in view of law laid down in the case of Satendra Antil Vs. State of U.P. in the aforesaid case.

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After some arguments, learned counsel for the applicants has made a statement at the Bar, on instructions, that he does not want to press prayer made in the instant application for quashing of the order dated 23.02.2023 and states that the applicants are ready to surrender before the trial court and seek their bail and that their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another : (2021) 10 SCC 773 .

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Per contra, learned counsel for the State states that he has no objection to the aforesaid prayer made by learned counsel for the applicants for not pressing the other prayer made in the instant application.

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In view of the above, in case the applicants appear/surrender before the trial court within three weeks from today and seek bail, their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil (supra) . Till the aforesaid period, no coercive action shall be taken against the applicants.

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With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off.

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Order Date :- 27.6.2023 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Rajendra Yadav and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rajendra Yadav and 2 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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