Disposed

Sushil and 3 Others v. State of U.P. and Another

Allahabad HC23 Mar 2023A482/6419/2023

Case brief

AI extract

What is this about?

The High Court disposed of an anticipatory bail/surrender application under Section 482 Cr.P.C. The Court directed applicants to file a surrender application with the trial court by April 17, 2023. A four-week moratorium on coercive measures was granted, with liberty to approach the bail guidelines of _Satender Kumar Antil_ during the scheduled hearing.

What did the court decide?

Protection from coercive measures for four weeks; direction to surrender by April 17, 2023; liberty to file bail application at the hearing.

Sushil and 3 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 68

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Case :- APPLICATION U/S 482 No. - 6419 of 2023

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Applicant :- Sushil And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aradhana Singh,Bhawna Verma Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Manju Rani Chauhan,J.

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Learned counsel for the applicants prays to withdraw this application on behalf of the applicant no.3; Nikhil as she stated that he is minor.

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Accordingly, the present application on behalf of the applicant no.3 is dismissed as withdrawn.

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Heard Mr. Aradhana Singh, learned counsel for the applicant nos.1,2&4, Mr. K.P. Pathak, learned AGA 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 stay the cognizance order dated 26.04.2021 as well as the the entire proceedings of Case No.71303/2021, arising out of Case Crime No.29/2021, under Sections 452, 323, 504, 506, 325 IPC, P.S.-Bazariya, District-Kanpur Nagar, pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar.

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At the very outset, learned counsel for the applicant nos.1,2&4 gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicant nos.1,2&4 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/surrender application of the applicant nos.1,2&4 expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the applicant nos.1,2&4 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

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made by learned counsel for the applicants, it is directed that the applicant nos.1,2&4 shall file a surrender application before the concerned court below on or before 17th April, 2023. On receiving the surrender application, the court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicant nos.1,2&4 and for hearing the applicant nos.1,2&4 on surrender application.

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On the date fixed by the Court concerned, the applicant nos.1,2&4 will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor. In case, any such application is filed, the same shall be considered by the court below along with the surrender application, on the date fixed, 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 four weeks from today or till the surrender application is decided, whichever is earlier, no coercive measure shall be taken against the applicant nos.1,2&4.

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In case the applicant nos.1,2&4 does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant nos.1,2&4 as required under the law.

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With the above observations and directions, this application under Section 482 Cr.P.C. on behalf of the applicant nos.1,2&4 is disposed of.

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Order Date :- 23.3.2023 Jitendra/-

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Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad

Sushil and 3 Others v. State of U.P. and Another

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Sushil and 3 Others v. State of U.P. and Another

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