Disposed

Dev Saran Maurya and 3 Others v. State of U.P. and Another

Allahabad HC10 Apr 2023A482/3629/2023

Case brief

AI extract

What is this about?

The High Court directed applicants to file a surrender application before the lower court by 25th April 2023. It granted protection from coercive action for four weeks or until the surrender application is decided, while referring to bail guidelines.

What did the court decide?

Protection from coercive action for four weeks or until surrender application is decided; direction to file surrender application by 25th April 2023.

Dev Saran Maurya and 3 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 3629 of 2023

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Applicant :- Dev Saran Maurya And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yash Pratap Singh Counsel for Opposite Party :- G.A.,Yogendra Pal Singh

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Ms. Monika Pal, holding brief of Mr. Yash Pratap Singh, learned counsel for the applicants, Mr. Rahul Gaur, holding brief of Mr. Yogendra Pal Singh, learned counsel for the opposite party no.2 and Mr. Akhilesh Kumar Srivastava, 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 no.02/2022 dated 21.12.2022 as well as proceeding of Case No.27 of 2023 (State Vs. Dev Sharan and others), arising out of Case Crime No.385 of 2022, under Sections 323, 504, 506 and 308 I.P.C., Police Station-Karari, District-Kaushambi, pending before Civil Judge (S.D.)/F.T.C, Kaushmbi.

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Learned counsel for the applicants submits that earlier an FIR was lodged under Sections 323, 504, 506 I.P.C., however, charge sheet has been submitted including section 308 I.P.C. along with aforesaid sections. She further submits that applicant nos.1 and 2 have been released on bail in Sections 323, 504, 506 I.P.C., therefore, she has confined her submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that she is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail application/surrender application of the applicant 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 file a surrender application before the concerned

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Court below on or before 25th April, 2023 under the relevant sections. On receiving the surrender application, the Court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicants and for hearing the applicants on surrender application.

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On the date fixed by the Court concerned, the applicants will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such bail application is filed, the same shall be considered by the Court below along with the surrender application, on the date fixed, in accordance with law keeping in view the guidelines as laid down by the Hon'ble 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 four weeks from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid 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 :- 10.4.2023 Rahul.

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Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad

Dev Saran Maurya and 3 Others v. State of U.P. and Another

Case brief

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Dev Saran Maurya and 3 Others v. State of U.P. and Another

Case brief

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