Disposed

Ghure @ Bhure and 2 Others v. State of U.P. and Another

Allahabad HC12 Aug 2024CRLR/3044/2024

Case brief

AI extract

What is this about?

Revision against summoning of additional accused under Section 319 Cr.P.C.; challenge not pressed. Court granted ten-day protection from arrest with directions for expeditious disposal of bail applications per Satender Kumar Antil guidelines, disposing of the revision.

What did the court decide?

Ten days' protection from arrest; direction to decide bail applications expeditiously on surrender.

Ghure @ Bhure and 2 Others vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:130260

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Court No. - 84

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Case :- CRIMINAL REVISION No. - 3044 of 2024 Revisionist :- Ghure @ Bhure And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vijay Kumar Dwivedi 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 revisionists, learned Additional Government Advocate representing the State and perused the record.

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2-The instant Criminal Revision Under Section 397/401 of the Code of Criminal Procedure has been preferred by the revisionists-Ghure @ Bhure, Vinay and Vinod against the order dated 27.05.2024 passed by learned Additional Sessions Judge, Court No. 02, Aligarh in Sessions Trial No. 2466 of 2021 (State of U.P. vs. Raju and Others) arising out of Case Crime No. 20 of 2021, under Sections 323, 504, 304 and 34 I.P.C., Police Station Palimukimpur, District Aligarh 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 PW-1/Smt. Sunita recorded before the trial Court.

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3-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 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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4-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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5-In view of the above, the relief as sought by the revisionists in the instant Criminal Revision is refused.

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6-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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7-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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8-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 Saurabh

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

Ghure @ Bhure and 2 Others v. State of U.P. and Another

Case brief

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Ghure @ Bhure and 2 Others v. State of U.P. and Another

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