Disposed

Umesh Kumar Gaur @ Umesh v. State of U.P. and Another

Allahabad HC17 May 2023CRLA/5224/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the special leave appeal against a High Court order dated 24.3.2023. The Court directed the trial court to dispose expeditiously of the bail application if the appellant surrenders within 30 days, relying on Supreme Court precedents regarding speedy disposal of bail petitions.

What did the court decide?

Notice dispensed with; direction to trial court to dispose expeditiously of bail application if moved within 30 days.

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

¶1

Neutral Citation No. - 2023:AHC:108198

¶2

Court No. - 81

¶3

Case :- CRIMINAL APPEAL No. - 5224 of 2023

¶4

Appellant :- Umesh Kumar Gaur @ Umesh Respondent :- State of U.P. and Another Counsel for Appellant :- Munesh Kumar Upadhyay,Sheetla Prasad Gound Counsel for Respondent :- G.A.,Rakesh Kumar Singh,Sanjay Vikram Singh

¶5

Hon'ble Mohd. Faiz Alam Khan,J.

¶6

Heard Shri Munesh Kumar Upadhyay, learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.

¶7

The instant appeal under Section 14-A(1) SC/ST (Prevention of Atrocities) Act, 1989 has been filed by the appellant with the prayer to allow the Criminal Appeal and set-aside the order dated 24.3.2023 passed by the Special Session Judge/Special Judge (S.C./S.T. Act) Jaunpur in Special Special Trial No. 123 of 2023 (State vs.Umesh Kumar Gaur &Others), in Case Crime No. 69 of 2021 under Sections 147,148,323,324,504, I.P.C. and Section 3(2) (Va) of the SC/ST Act, 1989 Police Station- Mungra Badshahpur, District- Jaunpur.

¶8

Learned counsel for the appellant submits that though various prayers have been mentioned in the prayer clause of the appeal but they are confining his prayer to the tune that the appellant is intending to appears/surrenders before the trial court for the purpose of obtaining regular bail, but is having apprehension that the moment he will appear before the trial court for the purpose of obtaining regular bail, disposal of his bail application may take time and in the meantime they may be confined in the prison, which would not only jeopardize his personal liberty but also bring a bad name to his reputation. Thus appropriate directions be given to the trial court for expeditious disposal of his bail application in the light of law laid down by Hon'ble the Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2021) 10 SCC 773 and Aman Preet Singh Vs. C.B.I. through Director : 2021 SCC OnLine SC 941.

¶9

No objection in this regard has been made by learned A.G.A.

¶10

Keeping in view all the facts and circumstances of the case, the issuance of the notice to the opposite party no.2 is hereby

¶11

dispensed with as any direction for expeditious disposal of the bail application of the appellant would not be against the interest of opposite party no.2.

¶12

Keeping in view the fact that learned counsel for the appellants has confined his prayer only for issuance of appropriate directions to the trial court for expeditious disposal of bail application, which the appellant is intending to move before the trial court, the instant appeal is disposed of with direction to the trial court that if the appellant appears/surrenders before the trial court within 30 days from today and move an appropriate application for bail under Section 439 Cr.P.C., the trial court shall dispose of the same expeditiously in the light of law laid down by Hon'ble the Supreme Court in the case of Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017, In Re: To issue certain Guidelines Regarding inadequacies and deficiencies in Criminal Trials v. State of Andhra Pradesh and others, MANU/SC/0292/2021 , Satender Kumar Antil Vs. Central Bureau of Investigation and others (Supra) and Aman Preet Singh Vs. C.B.I. through Director (Supra), after providing an opportunity of being heard to the parties, strictly in accordance with law.

¶13

Order Date :- 17.5.2023 Akbar

¶14

Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad

Umesh Kumar Gaur @ Umesh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Umesh Kumar Gaur @ Umesh 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Indrasan Rai and 2 Others Vs State of U.P. and Another

Mayank Sharma Vs State of U.P. and Another

Munesh Kushwaha Vs State of U.P. and Another

Ram Amar Maurya and 4 Others Vs State of U.P. and Another

Ramdas and 5 Others Vs State of U.P. and Another

Vikram Vs State of U.P. and Another