Disposed

Satish @ Satish Pal and 4 Others v. State of U.P. and Another

Allahabad HC10 Apr 2023A482/5033/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. where applicants withdrew their challenge to the charge sheet but sought protection. The Court directed courts below not to arrest applicants for six weeks and to dispose of their bail applications expeditiously following Satender Kumar Antil guidelines.

What did the court decide?

Non-arrest protection for six weeks; direction to lower courts to dispose bail applications expeditiously.

Satish @ Satish Pal and 4 Others Vs State of U.P. and… — Bail and Remand | Allahabad HC (2023)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 5033 of 2023

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Applicant :- Satish @ Satish Pal And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Naveen Kumar Yadav 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 dated 02.09.2022 as well as entire proceedings of Case No. 1454 of 2022, arising out of Case Crime No. 368 of 2022, under Sections 147, 323 & 506 I.P.C., Police Station Faridpur, District Bareilly, pending in the court of Judicial Magistrate, Faridpur, District Bareilly.

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At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet 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 him on merits and want to surrender before the concerned court below, he has no objection in granting protection to him 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 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 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 :- 10.4.2023 Anurag/-

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Digitally signed by :- ANURAG JAISWAL High Court of Judicature at Allahabad

Satish @ Satish Pal and 4 Others v. State of U.P. and Another

Case brief

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Satish @ Satish Pal and 4 Others v. State of U.P. and Another

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