Disposed

Jeetu @ Gyanendra and Others v. State of U.P. and Another

Allahabad HC28 Mar 2023A482/31278/2012

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What is this about?

The High Court disposed of a Section 482 Cr.P.C. application after the applicants withdrew the quashing prayer. Instead, the Court granted temporary protection from arrest for six weeks to facilitate surrender and directed expeditious disposal of their pending bail application.

What did the court decide?

Temporary protection from arrest for six weeks to facilitate surrender; direction for expeditious disposal of bail applications.

Jeetu @ Gyanendra and Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 31278 of 2012

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Applicant :- Jeetu @ Gyanendra And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Kumar Singh,Diwakar Shukla Counsel for Opposite Party :- Govt. Advocate,R.P. Yadav

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicants, 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 to quash the charge sheet no. 604 and supplementary charge sheet no. 604A dated 18.10.2011 and 04.05.2012 and the entire proceeding of Case No. 15283 of 2012 (State Vs. Jeetu and Others), arising out of Case Crime No. 806 of 2011, under Sections 363, 366 I.P.C. and Section 376 I.P.C., Police Station Chakeri, District Kanpur Nagar.

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At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet and entire 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 consider and decide the bail application of the applicants expeditiously.

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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 in granting protection to them for a short period.

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In view of above, 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 six weeks from today and in case apply for bail, the bail application of the applicant 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) 10 SCC 773.

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

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Order Date :- 28.3.2023 SK Srivastava

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Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Jeetu @ Gyanendra and Others v. State of U.P. and Another

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Jeetu @ Gyanendra and Others v. State of U.P. and Another

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