Disposed

Sultan and 7 Others v. State of U.P. .and Another

Allahabad HC24 Feb 2023A482/40569/2022

Case brief

AI extract

What is this about?

The Single Judge allowed an alternative prayer requesting protection from arrest for the applicants to surrender to the trial court. The court directed the applicants to surrender within four weeks and mandated non-arrest for that period or until surrender, while directing the lower court to dispose of the bail application expeditively, referencing Apex Court guidelines.

What did the court decide?

Non-arrest for four weeks or until surrender; direction to lower court to consider and decide bail application expeditiously.

Sultan and 7 Others Vs State of U.P. .and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 45

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Case :- APPLICATION U/S 482 No. - 40569 of 2022

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Applicant :- Sultan And 7 Others Opposite Party :- State Of U.P. .And Another Counsel for Applicant :- Ravi Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard learned counsel for the applicants, 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 to quash the chargesheet No. 274 of 2020 dated 03.09.2020 as well as the entire proceedings of Case No. 590 of 2021 (State vs. Sultan and others) arising out of Case Crime No. 160 of 2020, under Sections 147, 148, 323, 504, 506 I.P.C., Police Station-Atrauli, DistrictAligarh pending in the Court of Judicial Magistrate, Atrauli, Aligarh.

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At the very outset, learned counsel for the applicants gave up his challenge to the entire 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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Learned A.G.A. for the State 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 in granting protection to them for a short period.

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In view of above, 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 four weeks from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the court 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 ,

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reported in (2021) 10 SCC 773 .

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For a period of four 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 aforesaid 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 :- 24.2.2023 Arti

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Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad

Sultan and 7 Others v. State of U.P. .and Another

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Sultan and 7 Others v. State of U.P. .and Another

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