Disposed

Jay Prakash and 46 Others v. State of U.P. and Another

Allahabad HC3 Nov 2023A482/40683/2023

Case brief

AI extract

What is this about?

Applicants sought quashing of criminal proceedings and interim protection to surrender. The court did not grant the quashing prayer but directed non-arrest for two weeks or until surrender, imposing an expedited bail hearing.

What did the court decide?

Direction that applicants shall not be arrested for two weeks or until surrender; direction to lower court to decide bail expeditiously.

Jay Prakash and 46 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:211732

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 40683 of 2023

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Applicant :- Jay Prakash And 46 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satendra Kumar Upadhyay,Anupama Parashar 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 to quash the charge-sheet No. 11 of 2016 dated 22.01.2016, cognizance order dated 05.01.2019 and proceedings of Criminal Case No. 21 of 2019 (State Vs. Jai Prakash and Others) arising out of Case Crime No. 670 of 2015, under Sections 147, 186, 353 and 341 I.P.C., Police StationAtrauli, District-Aligarh, pending in the court of learned Civil Judge (J.D.)/Judicial Magistrate, Atrauli, District-Aligarh.

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3-At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and 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. The 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 them on merits and want 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 they apply for bail, the bail application of the applicants 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 :- 3.11.2023 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Jay Prakash and 46 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Jay Prakash and 46 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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