Dismissed

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

Allahabad HC8 Nov 2023A482/38107/2023

Case brief

AI extract

What is this about?

Applicants conceded their challenge to quash the FIR and proceedings but sought protection from arrest and expedited bail. The Court refused the quashing relief but granted a two-week non-arrest protection pending surrender and directed courts below to decide bail expeditively.

What did the court decide?

Dismissed challenge; granted protection against arrest for two weeks; directed courts below to dispose bail application expeditiously.

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

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Neutral Citation No. - 2023:AHC:214797

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 38107 of 2023

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Applicant :- Kamal Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bratendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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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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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the summoning order dated 13.10.2021 and proceedings of Complaint Case No. 1323 of 2021 (Smt. Jasoda Vs. Kamal Singh and another), under Sections 323, 354, 504 IPC, Police Station Karhal, District Mainpuri pending in the court of Additional Chief Judicial Magistrate/Civil Judge (Senior Division), F.T.C. Court, Mainpuri.

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At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned summoning order and 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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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 if the Court grants protection to them for a short period.

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In view of the above, the relief as sought by the applicants in the instant application is refused.

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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 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, 2021 SCC Online SC 922.

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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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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 8.11.2023 Shubham

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Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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