Disposed

Shahid Khan v. State of Up and Another

Allahabad HC23 Oct 2024A482/35833/2024

Case brief

AI extract

What is this about?

Applicant gave up challenge to quash and sought protection from arrest while surrendering. Court refused quashing relief but granted two-week interim protection against arrest and directed courts to decide bail expeditiously per Satender Kumar Antil.

What did the court decide?

Interim protection from arrest for two weeks or until surrender; direction to trial court to decide bail expeditiously.

Shahid Khan vs State of Up and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:169392

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Court No. - 84

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Case :- APPLICATION U/S 482 No. - 35833 of 2024

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Applicant :- Shahid Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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1-Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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2-This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 22.08.2023, cognizance order dated 01.12.2023 and proceedings of Criminal Case No. 3285 of 2023 arising out of Case Crime No. 17 of 2023, under Sections 420, 342 and 506 I.P.C., Police Station Cantt, District Bareilly pending in the court of Additional Chief Judicial Magistrate, Court No. V, Bareilly.

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3-At the outset learned counsel for the applicant gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and impugned criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.

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4-Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period.

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5-In view of the above, the relief as sought by the

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applicant in the instant application is refused.

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6-However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within two weeks from today and in case applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another , reported in 2021 SCC Online SC 922.

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7-For the period of two weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

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8-With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of .

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Order Date :- 23.10.2024 Saurabh

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

Shahid Khan v. State of Up and Another

Case brief

What is this about?

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Shahid Khan v. State of Up and Another

Case brief

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