Disposed

Ram Kripal and Another v. State of U.P. and Another

Allahabad HC11 Jun 2024A482/3877/2018

Case brief

AI extract

What is this about?

This order disposed of an S. 482 application without pressing it on merits. The court directed the lower court to decide the bail application expeditiously within 30 days and restrained police from coercive action pending such decision, citing Satendra Kumar Antil.

What did the court decide?

Application disposed; liberty to apply for bail granted; direction to lower court to decide bail within 30 days; restraint on police coercive action for 30 days.

Ram Kripal and Another Vs State of… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:42870

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Court No. - 12

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Case :- APPLICATION U/S 482 No. - 3877 of 2018

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Applicant :- Ram Kripal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Samrat Gupta,Harish Chandra,Jai Ram Counsel for Opposite Party :- Govt. Advocate

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Hon'ble Saurabh Lavania,J.

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Today, the case was listed for order on C.M. Application No.IA/4/2024: Application for disposal of present application. However, with the consent of learned counsel for the parties, who are present before this Court, this Court proceeded to hear the case on merits.

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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 has been filed by the applicants under Section 482 Cr.P.C. with a prayer to quash the cognizance & summoning order issued by the Court of Special Judge, (S.C./S.T. Act), Lucknow in Sessions trial No. 160/ 2018 "State Versus Mahendra Yadav & Others" as well as to quash the charge sheet arising out of Case Crime No. 553/ 2018, under Sections- 147/ 354/ 323/ 504/ 506 IPC and Sections- 3(1)(Da) and 3(1)(Dha) of SC/ST Act, Police Station- Mohanlalganj, District- Lucknow.

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Learned counsel for the applicants submit that he does not want to press the application filed under Section 482 Cr.P.C. 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 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

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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 filed under Section 482 Cr.P.C. 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 observation 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 filed under Section 482 Cr.P.C. is disposed of.

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Application aforesaid also stands disposed of.

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Order Date :- 11.6.2024 Gurpreet Singh

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Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ram Kripal and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Ram Kripal and Another v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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