Disposed

Shiv Kumar v. State of U.P. and Another

Allahabad HC15 Mar 2023A482/5767/2023

Case brief

AI extract

What is this about?

The High Court directed the applicant to surrender within 15 days. The applicant abandoned challenges to prior orders and sought bail. The court ordered no arrest for 15 days or until surrender and directed the lower court to decide the bail application expeditiously.

What did the court decide?

Direction to surrender within 15 days; No arrest order for 15 days or until surrender; Direction to lower court to decide bail expeditiously.

Shiv Kumar Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

¶1

Court No. - 73

¶2

Case :- APPLICATION U/S 482 No. - 5767 of 2023

¶3

Applicant :- Shiv Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S.K. Singh Vashisht Counsel for Opposite Party :- G.A.

¶4

Hon'ble Shiv Shanker Prasad,J.

¶5

Heard learned counsel for the applicant, learned counsel for the State and perused the record.

¶6

This application under Section 482 Cr.P.C. has been filed by the applicant to quash the N.B.W. order dated 16.03.2021 as well as order dated 20.05.2022 passed in Case No. 230 of 2020 (State Vs. Shiv Kumar and Others) and charge sheet dated 18.06.2017, arising out of Case Crime No. 0005 of 2017, under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Mainpuri.

¶7

At the very outset learned counsel for the applicant gave up his challenge to the aforesaid N.B.W. order dated 16.03.2021 as well as order dated 20.05.2022 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.

¶8

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.

¶9

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 15 days from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the court below in accordance with law.

¶10

For the period of 15 days 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.

¶11

With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

¶12

Order Date :- 15.3.2023 SK Srivastava

¶13

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

Shiv Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shiv Kumar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manish @ Monu Kumar Vs State of U.P. and Another

Akhilesh Yadav Vs State of U.P. and Another

Sandeep Vs State of U.P. and Another

Naresh Rai Vs State of U.P and Another

Durgesh @ Durgesh Kumar and 3 Others Vs State of U.P. and Another

Ranjit Pandey and Another Vs State of U.P. and Another