Allowed

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

Allahabad HC6 Feb 2023A482/37885/2022

Case brief

AI extract

What is this about?

The High Court allowed a restoration application, recalling a previous order. On the main Section 482 application, the applicant relinquished quashment and sought bail under Satendra Kumar Antil guidelines. The court granted no coercive action for four weeks to file the bail application.

What did the court decide?

Allowed restoration; granted four weeks respite from coercive action to apply for bail under Satendra Kumar Antil guidelines.

Sarvajeet Singh Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 37885 of 2022

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Applicant :- Sarvajeet Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Beerendra Pratap Singh Counsel for Opposite Party :- G.A.,Girdhar Prasad Tripathi

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Hon'ble Umesh Chandra Sharma,J.

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Criminal Misc. Recall/Restoration Application No.02 of 2023

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Heard.

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The restoration application is allowed.

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The order dated 16.01.2023 is recalled.

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The 482 CrPC application be restored to its original number.

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Order on the Petition

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Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.

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This application under Section 482 Cr.P.C. has been filed to quash the entire proceedings including charge sheet dated 15.06.2019 and summoning order dated 11.02.2021 in Criminal Case No.201 of 2021 (State Vs. Sarvajeet Singh and others) arising out of Case Crime No.15 of 2019, under Sections 419, 420 IPC, Police Station Rasra, District Ballia pending before the Additional Chief Judicial Magistrate-I, Ballia.

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At the very outset, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to move bail application before the trial court in view of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 .

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Learned AGA has no objection to the prayer so made.

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Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears before the court concerned within four weeks from today and moves application for bail, the same shall be

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considered and disposed of in terms of the guidelines/observations given by Hon'ble Apex Court in Satendra Kumar Antil (supra).

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For a period of four weeks from today, no coercive action shall be taken against the applicant.

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It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.

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With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 6.2.2023 Shahroz

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Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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What did the court decide?

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