Disposed

Chandra Shekhar Singh @ Bhole and Another v. State of Up and Another

Allahabad HC12 Aug 2024CRLR/2659/2024

Case brief

AI extract

What is this about?

High Court dismissed petition challenging summoning order but granted protection from arrest for ten days if petitioners surrender and apply for bail promptly, directing court to decide bail expeditiously under Supreme Court guidelines.

What did the court decide?

Protection from arrest for ten days; bail application to be decided expeditiously if surrendered.

Chandra Shekhar Singh @ Bhole and Another vs… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:130236

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Court No. - 84

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Case :- CRIMINAL REVISION No. - 2659 of 2024

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Revisionist :- Chandra Shekhar Singh @ Bhole And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Sachchida Nand Ojha,Vikas Srivastava Counsel for Opposite Party :- Anil Kumar Singh,G.A.,Mahendra Pratap Singh,Rohit Singh

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the revisionists, learned counsel for the complainant/opposite party no.2 and learned Additional Government Advocate representing the State.

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The instant Criminal Revision under Section 397/401 of the Code of Criminal Procedure has been filed against the impugned order dated 28.03.2024 passed by Additional District and Session Judge/Fast Track Court (14th Finance Commission), Varanasi in Session Trial No. 911 of 2021 (State of U.P. Vs. Virendra Yadav and others) under Sections 302/149, 147, 148, 504, 506 IPC, arising out of Case Crime No. 174 of 2021, police station Cholapur, district Varanasi, whereby the Trial Court in exercise of powers under Section 319 Cr.P.C. has summoned the revisionists as additional accused to face trial in the above case on the basis of statement of PW1/Shailesh Kumar Singh recorded before the trial Court.

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Learned counsel for the revisionists after advancing his arguments at some length and putting certain query by this Court in the light of judgement of the Hon'ble Supreme Court in the case of Hardeep Singh Vs. State of Punjab and others, (2014) 3 SCC 92 gave up his challenge to the aforesaid impugned summoning order under Section 319 Cr.P.C. against the revisionists and confined his submission requesting to grant some protection to the revisionists to surrender before the concerned Court below. The learned counsel for the revisionists further stated at the Bar that he is not pressing any

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other prayer made by means of this Criminal Revision on merits and prayed that a direction may be issued to the concerned Court below to decide the bail application of the revisionists expeditiously.

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Learned A.G.A. for the State of U.P. submits that in case the revisionists are not pressing the relief as sought for by them on merits and want to surrender before the concerned Court below, he has no objection if the Court grants protection to them for a short period.

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In view of the above, the relief as sought by the revisionists in the instant Criminal Revision is refused.

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However, considering the aforesaid alternative prayer made by learned counsel for the revisionists, it is directed that if the revisionists surrender/appear before the concerned Court below within ten days from today and apply for bail, the bail application of the revisionists shall be considered and disposed of expeditiously by the concerned court 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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For the period of ten days from today or till the time of surrender of the revisionists before the concerned Court below, whichever is earlier, they shall not be arrested in the above case.

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With the above observations and directions, this Criminal Revision under Section 397/401 Cr.P.C. stands disposed of .

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Order Date :- 12.8.2024 Shubham

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

Chandra Shekhar Singh @ Bhole and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Chandra Shekhar Singh @ Bhole and Another v. State of Up and Another

Case brief

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What did the court decide?

What the court decided

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