Disposed

Gulshan and 6 Others v. State of U.P. and Another

Allahabad HC4 Jul 2024A482/9320/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. pending; counsel withdrew substantive prayers requesting bail to be decided separately within two weeks.

What did the court decide?

Prayers to quash charge sheet and stay proceedings dismissed as not pressed; direction given to consider future bail application within two weeks.

What the court decided

Gulshan and 6 Others vs State of U.P. and Another — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC:108656

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 9320 of 2024

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Applicant :- Gulshan And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Srivastava Counsel for Opposite Party :- G.A.,Manish Kumar Mishra

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Hon'ble Samit Gopal,J.

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List revised.

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Sri Manish Kumar Mishra, Advocate states that he has filed his vakalatnama in the office on behalf of the opposite party no.2 but the same is not on record.

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Office is directed to trace out the same and place it on record and make a note in the order sheet regarding the same.

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Heard Sri Prashant Pandey holding brief of Sri Ashish Srivastava, learned counsel for the applicants, Sri Manish Kumar Mishra, learned counsel for the opposite party no.2, Sri Ajay Singh, learned AGA-I for the State and perused the record.

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The present application under Section 482 Cr.P.C. has been filed by the applicants-Gulshan, Fakharuddin, Mubeen @ Azharuddin, Gaffar, Reshma, Aas Mohammad and Iqbal with the prayer to quash the charge sheet dated 27.11.2022 filed in Criminal Case No.59654 of 2023, arising out of Case Crime No.687 of 2022, State Vs. Iqbal and others, u/s 147, 452, 323, 427, 506, 325 IPC, P.S. Quarsi, District Aligarh in respect to applicant no.1 to 5 and u/s 147, 452, 323, 427, 506, 354, 325 IPC, P.S. Quarsi, District Aligarh in respect to applicant no.6 and 7 as well as cognizance order dated 1.12.2023 passed by C.J.M., District Aligarh passed in Criminal Case No.59654 of 2023, State Vs. Iqbal and others with a further prayer that further proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.

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After arguments on merits at length learned counsel for the applicants states that he does not want to press the prayers made in the present petition. He states that the purpose of the applicants would be served if they are permitted to appear before the trial court within a period of two weeks from today and file a regular bail application.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.

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In view of the above, the prayer as prayed for is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants appear and apply for bail before the court concerned within two weeks from today, the same shall be considered and decided in accordance with law.

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The present application is disposed of.

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(Samit Gopal, J.)

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Order Date :- 4.7.2024 Gaurav Kuls

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Gulshan and 6 Others v. State of U.P. and Another

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Gulshan and 6 Others v. State of U.P. and Another

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