Disposed

Sachin Yadav v. State of U.P. and Another

Allahabad HC17 Feb 2023A482/5231/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Section 482 CrPC application where the applicant gave up the quashing prayer and sought protection to surrender for expedited bail. The Court granted a six-week arrest protection requiring surrender within that period, directing courts below to dispose of the bail application expeditiously applying Satender Kumar Antil guidelines.

What did the court decide?

Protection from arrest for six weeks conditioned on surrender; direction to courts below to dispose bail application expeditiously.

Sachin Yadav Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2023)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 5231 of 2023

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Applicant :- Sachin Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Singh,Ranjeet Asthana 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 charge-sheet dated 17th December 2019, cognizance taking order date 23rd December, 2019 as well as entire proceedings of Criminal Case No. 2583 of 2019 (State Vs. Sachin & arising out of Case Crime No. 336 of 2019, under Sections 419, 420, 506 and 120-B I.P.C., Police Station-Madiyahu, District-Jaunpur, pending in the Court of Additional Chief Judicial Magistrate, Court No. 12, Jaunpur.

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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 since nonbailable warrant as well as proceedings under Section 82 Cr.P.C. have been initiated against the applicant, therefore, he is not entitled to any relief by this Court. However, he also 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

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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, 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

Sachin Yadav v. State of U.P. and Another

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Sachin Yadav v. State of U.P. and Another

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