Disposed

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

Allahabad HC9 Feb 2023A482/4953/2023

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What is this about?

The court disposed of an application under Section 482 Cr.P.C. where applicants gave up their challenge to the charge sheet and sought arrest protection while surrendering. The High Court granted non-arrest for six weeks and directed trial courts to expedite bail hearings.

What did the court decide?

Applicants granted non-arrest for six weeks or until surrender and directed trial courts to dispose of bail applications urgently.

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

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 4953 of 2023

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Applicant :- Somnath And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Singh,Kamlesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicants, 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 impugned charge sheet no.A80/2019 dated 24.07.2019 in Case No. 106 of 2020, arising out of Case Crime No. 15 of 2019, under Sections 452, 427, 323, 325, 504, 506, 308 I.P.C., Police Station Bhatni, District Deoria pending before the Court of Civil Judge (Senior Division) FTC-I, Deoria.

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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 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 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 ,

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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 :- 9.2.2023 SK Srivastava

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

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

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

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