Disposed

Vaibhav Jaiswal @ Vaibhav v. State of U.P. and Another

Allahabad HC17 Feb 2023A482/5224/2023

Case brief

AI extract

What is this about?

The High Court disposed of an application under Section 482 Cr.P.C. where the applicant abandoned the quashing prayer but sought protection to surrender. The court directed the applicant to surrender within six weeks and instructed lower courts to decide bail expeditiously, citing Satender Kumar Antil guidelines. The applicant was granted immunity from arrest for this period.

What did the court decide?

The applicant shall surrender within six weeks; he shall not be arrested during this period or till surrender; lower courts to dispose bail expeditiously.

Vaibhav Jaiswal @ Vaibhav Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 5224 of 2023

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Applicant :- Vaibhav Jaiswal @ Vaibhav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Kumar Pal 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 applicant and the learned A.G.A. for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the summoning order dated 3rd January, 2023 as well as entire proceedings of Criminal Case No. 1422 of 2022 (State Vs. Vaibhav Agrawal) arising out of Case Crime No. 1202 of 2021, under Sections 147, 323, 504, 506, 308 and 427 I.P.C. Police Station-Chakeri, District-Purvi (Commissionerate Kanpur Nagar).

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At the very outset learned counsel for the applicant gave up his challenge to the aforesaid impugned orders and entire proceedings 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.

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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 wants 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 applicant, it is directed that the applicant shall surrender before the concerned court below within six weeks from today and in case applies 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 , 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 applicant before the concerned court below,

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whichever is earlier, he 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 :- 17.2.2023 Sushil/-

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

Vaibhav Jaiswal @ Vaibhav v. State of U.P. and Another

Case brief

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Vaibhav Jaiswal @ Vaibhav v. State of U.P. and Another

Case brief

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