Dismissed

Ram Naresh Yadav @ Ram Naresh and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC3 Jul 2024/5837/2024

Case brief

AI extract

What is this about?

Allahabad High Court dismissed an application under Section 482 CrPC on the merits, allowing the applicants to seek bail from the lower court within 30 days, with a direction that bail proceedings be decided expeditiously and no coercive action be taken by police during that period.

What did the court decide?

Application dismissed with liberty to move for bail; direction to lower court to decide bail expeditiously if applied within 30 days; police restrained from coercive action.

Ram Naresh Yadav @ Ram Naresh and 2… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45279

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 5837 of 2024

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Applicant :- Ram Naresh Yadav @ Ram Naresh And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Shiv Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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

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The present application under Section 482 Cr.P.C has been filed by the applicants with the prayer to quash the charge sheet dated 11.09.2021 and cognizance & summoning order dated 07.10.2022 arising out of Case Crime No. 398 of 2022, under Sections- 147, 352, 448, 420, 427, 506 IPC, Police StationJankipuram, District- Lucknow and further to stay the proceedings of Case Crime No. 398 of 2020.

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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 applicants submitted that he does not want to press this application on merit and he confines his prayer only to the extent that applicants 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

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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 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 applicants, the application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the Court below within 30 days from today, their 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 applicants apply for bail, whichever is earlier, they would not taken any coercive action against the applicants in the aforesaid case.

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

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Order Date :- 3.7.2024 Arun/-

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

Ram Naresh Yadav @ Ram Naresh and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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Ram Naresh Yadav @ Ram Naresh and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Case brief

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