Disposed

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

Allahabad HC13 Feb 2023A482/5145/2023

Case brief

AI extract

What is this about?

The court disposed of an application under Section 482 Cr.P.C. directing the applicants to surrender within six weeks and directing courts below to decide bail expeditiously per Satender Kumar Antil guidelines, granting protection from arrest pending surrender.

What did the court decide?

Direction to surrender within six weeks; non-arrest order; direction to lower courts to decide bail expeditiously.

Kailash and Another 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. - 5145 of 2023

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Applicant :- Kailash And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kamal Kaushal Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard the learned counsel for the applicants and the 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 25th December, 2021, cognizance/summoning order dated 15th September, 2022 as well as the proceedings of Case No. 693 of 2022 (State of U.P. Vs. Kailash & Another), arising out of Case Crime No. 338 of 2021, under Sections 452, 323, 504 and 506 I.P.C. Police Station-Palimukeempur, District-Aligarh, pending in the Court of Judicial Magistrate-Atrauli, DistrictAligarh.

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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, 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 they 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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(Shiv Shanker Prasad, J.)

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Order Date :- 13.2.2023

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Sushil/-

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

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

Case brief

What is this about?

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

Case brief

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