Disposed

Sri Aman Thakur and 2 Others v. State of U.P. and Another

Allahabad HC10 May 2023A482/41691/2022

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC wherein the applicant sought stay of warrants and directed expedited bail consideration, the court directed the lower court to decide the bail application within three weeks if the applicants surrender and apply, forbidding coercive action during this period before disposing the matter.

What did the court decide?

No coercive action for three weeks; lower court to decide bail application expeditiously within three weeks if applicants surrender and apply.

Sri Aman Thakur and 2 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:100452

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 41691 of 2022 Applicant :- Sri Aman Thakur And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard learned counsel for the parties and perused the record.

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This application u/s 482 Cr.P.C. has been filed with the prayer to stay the effect and operation of impugned bailable warrant dated 31.10.2022 as well as summoning order dated 22.03.2022, passed by Judicial Magistrate / Additional Civil Judge (J.D.), Court No. 9, Agra, in Complaint Case No. 7321 of 2021 (SriShishupal Singh vs. Sri Aman thakur and others), under Sections 504, 506, 420, 120B I.P.C., Police Station Kheragarh, District Agra, pending in the court of Judicial Magistrate / Additional Civil Judge (J.D.), Court No. 9, Agra.

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The contention of counsel for the applicants is that no offence against the applicants is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment.

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After arguing the case for quite some time at length, learned counsel for the applicants submits that the applicants do not want to press the prayer for quashing the entire proceedings of aforesaid case and the purpose of his client would suffice, if a direction may be given to the courts below to decide the bail application within specific time frame.

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However, it is directed, that in case applicants appear and surrender before the court below within a period of three weeks from today and apply for bail the court below shall consider and decide the bail prayer of applicants expeditiously in accordance with law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Anr. reported in (2021) 10 SCC 773 .

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For the period of three weeks, no coercive action shall be taken against the applicant in the aforesaid case.

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With the above directions, present application U/s 482 Cr.P.C. is disposed off.

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Order Date :- 10.5.2023 sailesh

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Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad

Sri Aman Thakur and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sri Aman Thakur and 2 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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