Disposed

Kusum Sonker and 2 Others v. State of U.P. and Another

Allahabad HC29 Mar 2023A482/4376/2023

Case brief

AI extract

What is this about?

Applicants filed Section 482 Cr.P.C. to quash proceedings but withdrew the challenge on merits, seeking only protection to surrender. The Court granted non-arrest protection for six weeks and directed lower courts to dispose of bail applications expeditiously following Supreme Court guidelines.

What did the court decide?

Granted non-arrest protection for six weeks for surrendering applicants; directed lower courts to dispose of bail application expeditiously.

Kusum Sonker and 2 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 4376 of 2023

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Applicant :- Kusum Sonker And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijit Saxena Counsel for Opposite Party :- G.A.,Shashank Tripathi

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicants, learned counsel for the opposite party no. 2, learned counsel 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 21.12.2022 as well as cognizance order dated 11.01.2023 and the entire proceedings of Case No. 4212 of 2023 (State of U.P. Vs. Saurabh Sonker @ Ankit Sonker and Others), arising out of Case Crime No. 0189 of 2021, under Sections 354B, 452, 323, 504, 506, 352 I.P.C., Police Station Rail Bazar, District Purvi (Commissionerate Kanpur Nagar), pending in the Court of learned Chief Judicial Magistrate, Kanpur Nagar.

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At the very 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 counsel for the opposite party no. 2 as well as 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, they have 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 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 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 :- 29.3.2023 SK Srivastava

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

Kusum Sonker and 2 Others v. State of U.P. and Another

Case brief

What is this about?

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Kusum Sonker and 2 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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