Dismissed

Ajay Singh and 5 Others v. State of U.P. and Another

Allahabad HC13 Apr 2023A482/9439/2023

Case brief

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What is this about?

The single bench declined to quash the impugned criminal proceedings and noted that injuries sustained by victims require observation, warranting a trial. However, the court directed that bail applications filed within fifteen days would be considered expeditiously.

What did the court decide?

Application for quashment declined. Bail granted on surrender within fifteen days if application filed.

Ajay Singh and 5 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 64

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Case :- APPLICATION U/S 482 No. - 9439 of 2023

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Applicant :- Ajay Singh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble J.J. Munir,J.

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Supplementary affidavit filed today in Court is taken on record.

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This is an application seeking to quash the impugned proceedings, arising out of Case Crime No. 0654 of 2022, under Sections 147, 148, 323, 324, 325, 452, 506 IPC against applicant nos. 1, 2, 3 and 4 and under Sections 147, 148, 323, 324, 325, 506 IPC against applicant nos. 5 and 6, Police Station Highway, District Mathura, pending in the Court of the learned Judicial Magistrate, Mathura.

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The submission of the learned counsel for the applicants is that they have been implicated mala fide in the crime without assigning any reason about their involvement. The applicants did not assault either the father or the informant's mother. No specific role has been assigned to them.

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A perusal of the injury report, that has been filed through the supplementary affidavit, Shanti, one of the injured, has sustained a lacerated wound 2 x 0.5 cm x scalp deep on right side head, 7.5 cm from the right ear, and it has been advised to be kept under observation and referred to X-Ray. The other injured Kanchan has sustained an incised wound 2.5 cm x 0.5 cm x muscle deep on postero medial aspect and left arm mid part with loss of contour and swelling. This too has been advised to be kept under observation and referred to X-Ray.

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Looking to the nature of the injuries, it cannot be said that there is no material in the case diary, on the basis of which this prosecution cannot proceed. Rather, the allegations merit trial. This is not to say that allegations are true. These have to be determined at the trial.

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The prayer to quash the impugned proceedings, is accordingly declined.

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However, in case the applicants surrender within fifteen days of date and make an application for bail, their bail application shall be considered by the courts below expeditiously, in accordance with law.

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This application is disposed of , accordingly.

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Order Date :- 13.4.2023/Ashutosh

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Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad

Ajay Singh and 5 Others v. State of U.P. and Another

Case brief

What is this about?

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Ajay Singh and 5 Others v. State of U.P. and Another

Case brief

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What did the court decide?

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