Disposed

Guddo Yadav and 9 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Allahabad HC31 Jul 2024/6685/2024

Case brief

AI extract

What is this about?

The Court disposed of an application under Section 482 Cr.P.C. read with Section 528 BNSS. Liberty was granted to applicants to seek bail and discharge before the trial court, with a direction for speedy consideration without onerous conditions, and a stay on coercive police action for 30 days.

What did the court decide?

Liberty granted to file bail and discharge applications for expeditious disposal; police directed not to take coercive action for 30 days.

Guddo Yadav and 9 Others Vs State of U.P. Thru. Prin… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:52312

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 6685 of 2024

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Applicant :- Guddo Yadav And 9 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko And Another

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Counsel for Applicant :- Sameer Kumar Upadhyay,Amit Kumar Singh 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 U/s 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicants for the following main reliefs:-

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"1. To quash the entire proceeding of Case No. 115128 of 2022 (State versus Guddo & Others) relating to case crime no. 200 of 2022 u/s 147/148/323/352/504/506 IPC, Police Station Gomti Nagar Vistar, District Lucknow pending before Chief Judicial Magistrate Lucknow.

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2. To quash the charge sheet no.01/2022 dated 04-10-2022 relating to case crime no. 200/2022 u/s 147/148/323/352/504/506/325 IPC, Police Station Gomti Nagar Vistar, District Lucknow contained as Annexure No 1 to this application.

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3. To quash the summoning/cognizance order dated 24/11/2022 passed in Case No. 115128/22 (State of U.P. Versus Guddo & Others) arising from the Case Crime No.200/2022 u/s 147/148/323/ 352/504/506 IPC, Police Station Gomti Nagar Vistar, District Lucknow passed by CJM Lucknow, contained as Annexure No 2 to this application along with all resultant consequential proceedings in the present case."

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After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri) No. 5191 of 2021 as also to prefer a discharge application before the court below and the same may be decided expeditiously.

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Learned AGA has no objection to the prayer made by learned counsel for the applicants.

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Keeping in view the aforesaid, the present 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 concerned, their prayer for bail shall be considered and decided expeditiously in accordance with law.

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Liberty is also granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law.

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While deciding the application(s) so moved by the applicants, the court concerned is expected of not to impose onerous/rigorous conditions, taking note of various pronouncements in this regard, while discharging/releasing the applicants on bail.

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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 Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, they would not take 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 :- 31.7.2024 Arun/-

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

Guddo Yadav and 9 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

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Guddo Yadav and 9 Others v. State of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko and Another

Case brief

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