Disposed

Azad and 3 Others v. State of U.P. and Another

Allahabad HC17 Feb 2023A482/43062/2022

Case brief

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What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. after the applicant withdrew the challenge to proceedings but sought protection against arrest while seeking bail. The Court directed non-arrest for four weeks pending bail disposal under Satender Kumar Antil guidelines.

What did the court decide?

Applicants directed to surrender within four weeks; no arrest for this period; bail to be disposed expeditiously.

Azad and 3 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. - 43062 of 2022

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Applicant :- Azad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Mr. Sushil Kumar Pandey, learned counsel for the applicants, learned AGA for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 27.11.2021, cognizance order dated 10.01.2022 as well as the entire proceedings of Case No.532 of 2022 (State vs. Azad and others), arising out of Case Crime No.749 of 2021, under Sections 452, 323, 504, 506, 324 IPC, Police Station-Puranpur, District- Pilibhit, pending in the Court of Chief Judicial Magistrate, Pilibhit.

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At the outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and entire 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 courts below to consider and decide the bail application of the applicants expeditiously.

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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 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 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

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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 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 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 :- 17.2.2023 A.Kr.

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Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad

Azad and 3 Others v. State of U.P. and Another

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Azad and 3 Others v. State of U.P. and Another

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