The applicant withdrew the quashing prayer, wishing to seek bail based on observations in Satendra Kumar Antil. The court directed the applicant to appear and apply for bail within four weeks without coercive action.
Direction to the applicant to move for bail within four weeks; coercive action stayed for that period.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 43222 of 2022
Applicant :- Ramji Pandey And 2 Others Opposite Party :- State Of U.P And Another Counsel for Applicant :- Vinod Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Sharma, J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Case No. 697 of 2020 - (State Vs. Ramji Pandey & Ors.) , arises out of Case Crime No. 190 of 2019, under Sections 323, 435, 506 I.P.C, Police Station Mungara Badshahpur, District Jaunpur, pending in the Court of Additional Magistrate-V, Jaunpur together with impugned charge-sheet dated 02.08.2019 and impugned cognizance order dated 30.06.2020 passed by the court below.
At the very outset, learned counsel for the applicant has submitted that the applicant 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.
Learned A.G.A. has no objection.
Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant appears 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 (supra).
For a period of four weeks from today, no coercive action shall be taken against the applicant.
It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant.
With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 22.2.2023 Vinod.
Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad
Ramji Pandey
State of U.P.
Umesh Chandra Sharma
As recorded by the court registry
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