Disposed

Rohit Ojha and 5 Others v. State of U.P. and 2 Others

Allahabad HC6 Sept 2023A482/27115/2023

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. application, applicants withdrew their quashing plea but sought protection to surrender and expedited bail. The court granted non-arrest for two weeks contingent on surrender and directed expeditious disposal of bail.

What did the court decide?

Interim non-arrest protection for two weeks granted; applicants directed to surrender; bail to be decided expeditiously.

Rohit Ojha and 5 Others Vs State of U.P. and 2 Others — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:175471

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 27115 of 2023

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Applicant :- Rohit Ojha And 5 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Prashant Vardhan,Vivek Singh Yadav 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 proceedings of Complaint Case No. 137 of 2022 (Anuj Kumar Ojha Vs. Rohit Ojha and others), under Sections 323, 504, 506 I.P.C., Police Station- Padhri, District- Mirzapur, pending in the Court of Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No.5, Mirzapur.

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3-In the instant case both sides received injuries in the incident which took place on 06.07.2022. From the sides of applicants F.I.R. was lodged on 06.07.2022 registered as Case Crime No. 0085 of 2022, under Sections 323, 504, 506, 427 I.P.C. against three persons inculding the opposite party no. 3 at Police Station-Padhri, District-Mirzapur, in which after culmination of investigation, charge sheet has been submitted against the opposite party no. 3-Anuj Kumar Ojha and other accused persons, namely Abishek Ojha and Ayush Ojha whereas from the side of opposite party no.3 an application under Section 156(3) Cr.P.C. was moved on 10.07.2022 which was treated as complaint by the Magistrate concerned and after recording the statements under Sections 200 and 202 Cr.P.C., the applicants have been summoned to face trial vide order dated 04.07.2023 under Sections 323, 504, 506 I.P.C.

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4-The main substratum of argument of learned

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counsel for the applicants is that from the side of the applicants, one person has received injuries and no one has received injury from other side. So far as injuries of two persons shown from the side of opposite party no. 3 is concerned, it is submitted that the same are manipulated. Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court as to whether defence of the accused can be taken into consideration at the stage of summoning, gave up his challenge to the aforesaid 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 the concerned Courts below to decide the bail application of the applicants expeditiously.

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5-Learned Additional Government Advocate 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 in granting 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 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 S atender 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

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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 :- 6.9.2023 Kashifa

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

Rohit Ojha and 5 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Rohit Ojha and 5 Others v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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