Disposed

Chandrakesh v. State of U.P. and Another

Allahabad HC18 May 2023A482/30390/2021

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash summons order withdrawn. Court directed courts below to decide bail within three weeks if applicant surrenders and applies for bail, citing Satender Kumar Antil guidelines.

What did the court decide?

Applicant directed to surrender and apply for bail within three weeks; leave for coercive action given during this period; courts below to decide bail expeditiously.

Chandrakesh Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:108770

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 30390 of 2021 Applicant :- Chandrakesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Yadav,Rishi Yadav,Suresh Singh 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 applicant, 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 for quashing the summoning order dated 23.9.2019 passed by Additional Sessions Judge, Court No.2, Budaun in Sessions Trial No.283 of 2016 (State Vs. Satyapal and another) in Case Crime No.10 of 2014, under Sections 308, 504, 506 I.P.C., P.S. Gunnaur, District Sambhal.

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

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After arguing the case for some time, learned counsel for the applicant submits that the applicant does not want to press the prayer for quashing the summoning order 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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Considering the facts and circumstances of the case, it is provided that if the applicant surrenders and applies for bail within three weeks from today, the Courts below may decide the bail application of the applicant expeditiously in the light of guidelines 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 applicant in the aforesaid case.

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

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Order Date :- 18.5.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Chandrakesh v. State of U.P. and Another

Case brief

What is this about?

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Chandrakesh v. State of U.P. and Another

Case brief

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