Disposed

Lalbrat Yadav and 3 Others v. State of U.P. and Another

Allahabad HC3 Mar 2023A482/38751/2022

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. seeking quashment of the charge sheet. The applicant withdrew the quashment prayer and sought to seek bail based on the Supreme Court guidelines in Satendra Kumar Antil. The Court directed that the bail application be considered if filed within four weeks and stayed coercive action for 30 days.

What did the court decide?

The instant application under Section 482 Cr.P.C. was finally disposed of; bail application to be moved within four weeks.

Lalbrat Yadav and 3 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 72 Case :- APPLICATION U/S 482 No. - 38751 of 2022 Applicant :- Lalbrat Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Pandey,Sarvesh Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicants, 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 impugned charge sheet dated 07.12.2019 in Criminal Case No.2742 of 2022 (State Vs. Lalbrat Yadav and others) arising out of Case Crime No.241 of 2019, under Sections 323, 504, 452, 325 IPC, Police Station Balua, District Chandauli pending before the Additional Chief Judicial Magistrate, Chandauli.

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At the very outset, learned counsel for the applicants 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 applicants appear before the court concerned within four weeks from today and move application for bail, the same shall be 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 30 days from today, no coercive action shall be taken against the applicants.

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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 applicants.

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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 :- 3.3.2023

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Shahroz

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

Lalbrat Yadav and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Lalbrat Yadav and 3 Others v. State of U.P. and Another

Case brief

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What the court decided

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