Disposed

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

Allahabad HC5 Apr 2023A482/5068/2023

Case brief

AI extract

What is this about?

The High Court disposed of an S. 482 Cr.P.C. application where applicants withdrew their challenge to the charge sheet. Instead, they sought protection from arrest during surrender. The Court directed non-arrest for six weeks or until surrender, and ordered the lower courts to dispose of the bail application expeditiously per Apex Court guidelines.

What did the court decide?

Applicants granted protection from arrest for six weeks or until surrender, whichever is earlier; bail application to be disposed of expeditiously.

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

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 5068 of 2023

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Applicant :- Chandrapal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Wahid Jamal Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Second supplementary affidavit filed today on behalf of the applicants is taken on record.

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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 charge sheet dated 11.11.2019 as well as cognizance / summoning order dated 12.08.2020 and the entire proceedings of Criminal Case No. 987 of 2020 (State Vs. Chandrapal & Others), arising out of Case Crime No. 316 of 2019, under Sections 354, 452, 323 I.P.C., Police Station Harduaganj, District Aligarh, pending in the Court of learned Additional Chief Judicial Magistrate-II, Aligarh.

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At the very outset learned counsel for the applicants gave up his challenge to the aforesaid impugned charge sheet, cognizance / summoning 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 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

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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 :- 5.4.2023 SK Srivastava

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

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

Case brief

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

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