Disposed

Raghubir Singh v. State of U.P. and Another

Allahabad HC4 Apr 2023A482/3642/2023

Case brief

AI extract

What is this about?

The court disposed of an application under Section 482 Cr.P.C. by directing the applicant to surrender to the lower court by April 19, 2023, without coercive action for 21 days, referencing Satender Kumar Antil guidelines for bail procedures on the surrender date.

What did the court decide?

Directed surrender application to be filed by April 19, 2023; no coercive action for 21 days.

Raghubir Singh 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. - 3642 of 2023

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Applicant :- Raghubir Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bansh Narayan Vishwakarma,Awadhesh Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard learned counsel for the applicant, Mr. K.P. Pathak, learned AGA for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the impugned charge sheet No. 286 of 2019, dated 05.06.2019 (Annexure No. 03) arising out of Case Crime No. 969 of 2018, under section 420 & 406 IPC registered at Police Station Civil Line, District Rampur and cognizance order including summoning order dated 07.08.2020 (Annexure No. 4) and non-bailable warrant dated 01.07.2022 (Annexure No. 05) passed by the Chief Judicial Magistrate, Rampur and further prayed to stay all further proceeding of Criminal Case No. 2372 of 2020.

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At the very outset, learned counsel for the applicant gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant 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/surrender application of the applicants expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicant is 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 applicant, it is directed that the applicant shall file a surrender application before the concerned court below on or before 19th April, 2023 . On receiving the surrender application, the court concerned shall obtain instructions

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from the public prosecutor and fix a date for appearance/surrender of the applicant(s) and for hearing the applicant(s) on surrender application.

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On the date fixed by the Court concerned, the applicant(s) 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 alongwith certified copy of non-bailable warrant order, the same shall be considered by the court below along with the surrender application, on the date fixed, 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 21 days from today or till the surrender application is decided, whichever is earlier, no coercive action shall be taken against the applicant.

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In case the applicant(s) does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant(s) as required under the law.

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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 :- 4.4.2023 Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Raghubir Singh v. State of U.P. and Another

Case brief

What is this about?

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Raghubir Singh v. State of U.P. and Another

Case brief

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