Disposed

Bhupendra Singh @ Goldi v. State of U.P. and Another

Allahabad HC12 Jan 2023A482/40778/2022

Case brief

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What is this about?

The High Court disposed of an application under Section 482 CrPC by setting aside the prayer for quashing. The Court directed the applicants to file a bail application before the trial court within four weeks to avoid coercive action, invoking guidelines from Satendra Kumar Antil.

What did the court decide?

Applicants granted four weeks to move bail application before trial court to avoid coercive action.

Bhupendra Singh @ Goldi Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 40778 of 2022

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Applicant :- Bhupendra Singh @ Goldion the basis of compromise. Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Pal Singh,Pradeep Kumar Singh

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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 No. 376 of 2020 dated 13.06.2020 alongwith cognizance/ summoning order dated 21.10.2020 passed by Learned Judicial Magistrate Pilibhit as well as entire criminal proceeding of Case No. 10447 of 2020 (State Vs. Bhupendra @ Goldi) arising out of Case Crime no.168 of 2019, U/S-3/25 Arms Act, Police Station-Sehramau Uttari, District-Pilibhit in the court of learned Judicial Magistrate Pilibhit.

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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 vs. Central Bureau of Investigation and another reported in ( 2021) 10 SCC 773.

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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

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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 :- 12.1.2023 RN

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Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad

Bhupendra Singh @ Goldi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Bhupendra Singh @ Goldi v. State of U.P. and Another

Case brief

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What did the court decide?

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