Disposed

Rajendra Bahadur and 2 Others v. State of U.P. and Another

Allahabad HC3 Apr 2023A482/3271/2023

Case brief

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What is this about?

The High Court disposed of an application under Section 482 CrPC. Withdrawing the challenge to the charge-sheet and cognizance order, the court directed the applicants to surrender within six weeks and not be arrested during this period while their bail application is decided expeditiously by the lower courts.

What did the court decide?

Applicants directed to surrender within six weeks; protection from arrest granted; bail application to be decided expeditiously.

Rajendra Bahadur and 2 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. - 3271 of 2023

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Applicant :- Rajendra Bahadur And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicants, learned A.G.A. 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 dated 25.12.2020, cognizance order dated 19.07.2022 as well as entire proceedings of Case No. 3460 of 2022 (State Vs. Rajendra Bahadur and others), arising out of Case Crime No. 742 of 2020, under Sections 323, 504, 506, 325 I.P.C., Police Station Kokhraj, District Kaushambi, pending in the court of learned Chief Judicial Magistrate, Kaushambi.

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At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire proceedings of criminal case 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 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,

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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. Order Date :- 3.4.2023 Abhishek Singh

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Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad

Rajendra Bahadur and 2 Others v. State of U.P. and Another

Case brief

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Rajendra Bahadur and 2 Others v. State of U.P. and Another

Case brief

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