Disposed

Sachin Diwakar v. State of U.P. and Another

Allahabad HC16 Feb 2023A482/4239/2023

Case brief

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What is this about?

The court disposed of a bail cure application under Section 482 Cr.P.C. by directing the applicant to surrender within six weeks. The applicant must not be arrested during this period, and bail shall be decided expeditiously per Satender Kumar Antil guidelines.

What did the court decide?

Direction to not arrest the applicant for six weeks or until surrender; direction for expedited bail consideration by lower courts.

Sachin Diwakar Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 4239 of 2023

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Applicant :- Sachin Diwakar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kripa Shanker Yadav,Manish Dev Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicant, 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 by the applicant to quash the charge-sheet dated 09.12.2021, cognizance/ summoning order dated 30.05.2022 as well as entire proceedings of Case No. 4508/9/22 (Computer No.37162 of 2022) (CNR No. UPMO04042296/2022) (State Vs. Sachin Diwakar and others), arising out of Case Crime No. 0146 of 2021, under Sections 323, 504 and 506 I.P.C., Police Station Kotwali, District Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad.

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At the very outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet and cognizance order against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant 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 courts below to consider and decide the bail application of the applicant, expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicant is 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 applicant, it is directed that the applicant shall surrender before the concerned court below within six weeks from today and in case apply for bail, the bail

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application of the applicant 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) 10 SCC 773 .

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For the period of six weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above 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 :- 16.2.2023 Abhishek Singh

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Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad

Sachin Diwakar v. State of U.P. and Another

Case brief

What is this about?

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Sachin Diwakar v. State of U.P. and Another

Case brief

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