Disposed

Rahul v. State of U.P. and Another

Allahabad HC17 Jan 2023A482/39207/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, in an application under Section 482 Cr.P.C., noted the applicant's relinquishment of the quashment prayer in favor of seeking bail based on the Satendra Kumar Antil guidelines. The court granted a temporary stay on coercive action and directed the applicant to file a bail application within four weeks, otherwise the order becomes inapplicable. The main cr

What did the court decide?

A period of four weeks is granted to move for bail; during this period, no coercive action shall be taken against the applicant; otherwise, the order becomes inapplicable. The application for quashmen

Rahul Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 39207 of 2022

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Applicant :- Rahul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Tripathi 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 applicant 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 entire proceeding of Complaint Case No. 2439 of 2019 (Deesam Singh Vs. Rahul and Others) under Section 354, 323, 504 I.P.C. Police Station- Khutar, DistrictShahjahanpur, including summoning order dated 8.1.2020 passed by Judicial Magistrate, Powayan, Shahjahanpur.

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At the very outset, learned counsel for the applicant has submitted that the applicant 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 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 applicant appears before the court concerned within four weeks from today and moves 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 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 :- 17.1.2023 S.Verma

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

Rahul v. State of U.P. and Another

Case brief

What is this about?

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Rahul v. State of U.P. and Another

Case brief

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