Disposed

Manish Chauhan v. State of U.P. and Another

Allahabad HC9 Feb 2023A482/4831/2023

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. filed to quash N.B.W. Counsel withdrew challenge and requested protection to surrender. Court directed no arrest for six weeks or until surrender, with bail to be decided expeditiously per Satender Kumar Antil guidelines.

What did the court decide?

No arrest order for six weeks from date or until surrender. Direction to lower courts to decide bail application expeditiously following Satender Kumar Antil guidelines.

Manish Chauhan Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2023)

¶1

Court No. - 52

¶2

Case :- APPLICATION U/S 482 No. - 4831 of 2023

¶3

Applicant :- Manish Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Nath Tiwari,Vivek Dubey Counsel for Opposite Party :- G.A.

¶4

Hon'ble Shiv Shanker Prasad,J.

¶5

Heard Mr. Amar Nath Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶6

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the N.B.W. dated 10.01.2023 issued in Case No. 55 of 2021 (State Vs. Manish Chauhan) arising out Case Crime No. 240 of 2020, under Sections 323, 504, 325, 188, 452 I.P.C. and Section 15(3) Epidemic Covid-19 Act, Police Station Baksa, District Jaunpur, pending in the court of Judicial Magistrate Civil Judge (J.D.), Court No. 37, Jaunpur.

¶7

At the very outset learned counsel for the applicant gave up his challenge to the aforesaid N.B.W. order against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant 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 applicant, expeditiously.

¶8

Learned A.G.A. for the State of U.P. submits that in case the applicant is 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.

¶9

In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within six weeks from today and in case apply for bail, the bail application of the applicant shall be disposed of expeditiously by

¶10

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 .

¶11

For the period of six weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

¶12

With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 9.2.2023 Abhishek Singh

¶13

Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad

Manish Chauhan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Manish Chauhan v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Akhilesh Saini Vs State of U.P. and Another

Ram Kumar Vs State of U.P. and Another

Tahseen Vs State of U.P.

Somnath and 2 Others Vs State of U.P. and Another

Arvind Yadav and 5 Othes Vs State of U.P. and Another

Babu@ Mahbub Vs State of U.P. and Another