Disposed

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

Allahabad HC17 Jan 2023A482/39137/2022

Case brief

AI extract

What is this about?

The applicant relinquished the prayer for quashing the charge-sheet and cognizance order, choosing instead to seek bail based on guidelines in Satendra Kumar Antil (2021) 10 SCC 773. The court granted a stay on coercive action for four weeks, provided the applicant moves a bail application within that time.

What did the court decide?

Stay on coercive action for four weeks, provided applicants file bail application in trial court.

Ashok Yadav and 3 Others Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 39137 of 2022

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Applicant :- Ashok Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kiran Gupta,Dharmendra Kumar Gupta 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 as well as learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 14.9.2022 and cognizance order dated 4.10.2022 under Section 308, 325, 323, 504 & 506 I.P.C. arising out of Case Crime No. 129 of 2022, Police Station- Tahbarpur, District- Azamgarh.

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

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Learned A.G.A. has no objection.

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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 The Apex Court in the case of Satendra Kumar Antil (Supra).

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For a period of four weeks 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 :- 17.1.2023 S.Verma

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Digitally signed by :- SANDEEP KUMAR VERMA High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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