Disposed

Kamal Singh @ Kamal Kumar Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. of Home Affairs Lko. and Another

Allahabad HC27 May 2024/4873/2024

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC seeking quashing of charge sheet and summoning order, the court observed that Section 439 CrPC bail guidelines from the Supreme Court apply. The applicant withdrew the quashing prayer to facilitate a bail application, leading the court to dispose of the matter with a direction for expedited bail consideration.

What did the court decide?

Application disposed of with liberty to move bail application within 30 days; directions issued for expeditious hearing and police restraint.

Kamal Singh @ Kamal Kumar Singh Vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:40148

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 4873 of 2024

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Applicant :- Kamal Singh @ Kamal Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Of Home Affairs Lko. And Another Counsel for Applicant :- Jitendra Bahadur,Shobh Nath Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

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The present application has been filed with a prayer to quash/set aside the charge sheet and summoning order dated 29.10.2023 passed in Criminal Case No. 9110/2023 arising out of FIR No. 0297/2019 dated 21.06.2019, under Sections- 120B, 467, 468 420 IPC, Police Station- Pasgawan, District- Kheri.

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Considering the arguments of learned counsel for the parties and going through the record as also taking note of the same in the light of law laid down by Hon'ble Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843 , on being confronted, after arguing the matter at some length, learned counsel for the applicant submitted that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.

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Learned A.G.A. has no objection in grant of aforesaid prayer.

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The Apex Court, after considering the various pronouncements on the issues, in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No.5191 of 2021 has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific directions need to be issued by this Court as it is expected that the court concerned

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will take into consideration the necessary guidelines already issued by the Apex Court.

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Keeping in view the entirety of facts and circumstances of the case and having regard to the submissions of learned counsel for the applicant, the application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the Court below within 30 days from today, his prayer for bail shall be considered and decided expeditiously in accordance with law.

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Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officers concerned that for a period of 30 days from today or till the applicant applies for bail, whichever is earlier, they would not taken any coercive action against the applicant in the aforesaid case.

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With the aforesaid observations, the present application is disposed of.

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Order Date :- 27.5.2024 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Kamal Singh @ Kamal Kumar Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. of Home Affairs Lko. and Another

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Kamal Singh @ Kamal Kumar Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. of Home Affairs Lko. and Another

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