Disposed

Sheru and Another v. State of U.P. and Another

Allahabad HC16 Feb 2023A482/44166/2022

Case brief

AI extract

What is this about?

The High Court, observing that the applicants did not press their case for quashing proceedings on merits but sought protection, directed non-arrest for four weeks and expedited disposal of their bail application relying on Satender Kumar Antil.

What did the court decide?

Non-arrest protection for four weeks; direction to lower courts to dispose of bail application expeditiously.

Sheru and Another 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. - 44166 of 2022

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Applicant :- Sheru And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sunil Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Heard Sri Sunil Kumar Dwivedi, learned counsel for the applicants, Sri Pankaj Srivastava, 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 11.10.2021 as well as cognizance/summoning order dated 25.07.2022 and the entire proceedings of Case No.8801 of 2022 (State vs. Sheru and others), arising out of Case Crime No.1527 of 2021, under Sections 323, 504, 506, 354Kha IPC, Police Station-Kotwali Dehat, District-Bulandshahar pending in the Court of Chief Judicial Magistrate, Bulandshahr.

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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 as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation

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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 :- 16.2.2023 Jitendra/-

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

Sheru and Another v. State of U.P. and Another

Case brief

What is this about?

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Sheru and Another v. State of U.P. and Another

Case brief

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