Disposed

Tabrej Ahmad and Another v. State of U.P. and Another

Allahabad HC18 Oct 2023A482/38697/2023

Case brief

AI extract

What is this about?

The High Court dismissed an application to quash criminal proceedings on merits as counsel withdrew the challenge. However, the court granted protection from arrest for two weeks, directing the lower court to dispose of the bail application expeditiously referencing Satender Kumar Antil.

What did the court decide?

Protection from arrest for two weeks or until surrender; direction to surrender within two weeks.

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

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Neutral Citation No. - 2023:AHC:202309

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 38697 of 2023

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Applicant :- Tabrej Ahmad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shivendra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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1- 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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2- This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet dated 10.01.2023 as well as cognizance/ summoning order dated 02.08.2023, in Criminal Case No.5414 of 2023 (State Vs. Tabrej Ahmad and others), arising out of Case Crime No.668 of 2022, under Sections 308, 504, 506 and 323 I.P.C., Police StationKotwali, District-Basti, pending in the court of Chief Judicial Magistrate, Basti.

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3- At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet as well as impugned criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. 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 court below to consider and decide the bail application of the applicants expeditiously.

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4- 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 him on merits and wants 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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5- In view of the above, the relief as sought by the applicants in the instant application is refused.

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6- 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 applies for bail, the bail application of the applicant 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, reported in 2021 SCC Online SC 922 .

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7- 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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8- With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 18.10.2023 A Gautam

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Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad

Tabrej Ahmad and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Tabrej Ahmad and Another v. State of U.P. and Another

Case brief

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What did the court decide?

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