Disposed

Ram Ashish Yadav and 3 Others v. State of U.P. and Another

Allahabad HC16 Oct 2023A482/32336/2023

Case brief

AI extract

What is this about?

Applicants sought protection from arrest while surrendering in an underlying criminal case. The Court granted protection for two weeks or till surrender, directing courts below to dispose of bail applications expeditiously in accordance with Apex Court guidelines.

What did the court decide?

Protection from arrest granted for 2 weeks or till surrender; direction to Lower Court to dispose of bail application expeditiously.

Ram Ashish Yadav and 3 Others Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:200038

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 32336 of 2023

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Applicant :- Ram Ashish Yadav And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjeev Kumar 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 charge-sheet dated 16.08.2021, cognizance/summoning order dated 22.09.2021 passed by Additional Chief Judicial Magistrate, Gorakhpur and proceedings of Case No. 121112 of 2021 (State Vs. Ram Ashish Yadav and others) arising out of Case Crime No. 124 of 2021, under Sections 308, 452, 323, 325, 504, 506 I.P.C., Police Station-Badahalganj, District-Gorakhpur, pending in the court of Civil Judge (J.D.), F.T.C., Gorakhpur.

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3-In the present case both the sides lodged F.I.R. against each others.

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4-At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance/summoning order 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 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

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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 :- 16.10.2023 Kashifa

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

Ram Ashish Yadav and 3 Others v. State of U.P. and Another

Case brief

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Ram Ashish Yadav and 3 Others v. State of U.P. and Another

Case brief

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