Disposed

Vipin and 6 Others v. State of U.P. and Another

Allahabad HC3 Oct 2023A482/23100/2023

Case brief

AI extract

What is this about?

The High Court dismissed the quashing application under Section 482 Cr.P.C. after the applicants withdrew their challenge to the charge-sheet but sought protection for surrender. The Court directed temporary non-arrest for two weeks pending bail disposal.

What did the court decide?

Protection from arrest for two weeks granted pending expeditious disposal of bail applications.

Vipin and 6 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:189542

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 23100 of 2023

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Applicant :- Vipin And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Narayan Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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1-Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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2-This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 04.08.2016 as well as proceedings of Criminal Case No. 1399/9 of 2017 (State Vs. Vipin and others) arising out of Case Crime No. 104 of 2016, under Sections 147, 148, 149, 452, 307, 323, 506 I.P.C., Police Station-Kandhala, District-Shamli, pending in the court of learned Additional Chief Judicial Magistrate, Shamli at Kairana.

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3-In this case F.I.R. was lodged by opposite party no.2 on 21.02.2016 against ten accused persons including applicants, in which after culmination of investigation charge sheet has been submitted against the applicants and others on 04.08.2016, but the instant application has been filed after about seven years.

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4-Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court with regard to inordinate delay in filing this application, gave up his challenge to the aforesaid impugned charge-sheet and impugned criminal 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 may be issued to

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the concerned courts below to consider and decide the bail application of the applicants expeditiously.

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5-Learned A.G.A. for the State of U.P. 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 if the Court grants protection to them for a short period.

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6-In view of the above, the relief as sought by the applicants in the instant application is refused.

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7-However 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 two weeks from today and in case they apply for bail, the bail application of the applicants shall be 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 SCC Online SC 922.

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8-For the period of two 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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9-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 3.10.2023 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Vipin and 6 Others v. State of U.P. and Another

Case brief

What is this about?

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Vipin and 6 Others v. State of U.P. and Another

Case brief

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