Allowed

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

Allahabad HC12 Jan 2023A482/43765/2022

Case brief

AI extract

What is this about?

The High Court, instead of quashing the criminal proceedings under Section 482 Cr.P.C., set aside the petition to enable the applicants to file a bail application before the trial court within four weeks, following the guidelines laid down in Satendra Kumar Antil.

What did the court decide?

Applicants directed to move for bail before the trial court within four weeks; no coercive action shall be taken against them for this period.

Sonu and 3 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 43765 of 2022

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Applicant :- Sonu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicants and learned AGA for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed for quashing dated 18.06.2018 and the cognizance order dated 19.07.2018 passed by the Additional Chief Judicial Magistrate, Muzaffar Nagar, in Case No.2329 of 2018 arising out of Case Crime No.177/2018 under Sections 147, 149, 308, 323, 506 I.P.C., Police Station Civil Lines, District Muzaffar Nagar.

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At the very outset, learned counsel for the applicants has submitted that the applicants 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 .

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Learned A.G.A. has no objection.

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Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicants appear 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 vs. Central Bureau of Investigation and another reported in ( 2021) 10 SCC 773 .

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For a period of four weeks from today, no coercive action shall be taken against the applicants.

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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 applicants.

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With the above direction, the instant application under Section 482 Cr.P.C. is finally disposed of.

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Order Date :- 12.1.2023

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Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

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