Disposed

Alkesh Singh v. State of U.P. and Another

Allahabad HC26 Jul 2024CRLR/3212/2024

Case brief

AI extract

What is this about?

Revision against summons issued to the revisionist as an additional accused under Section 319 Cr.P.C.; counsel gave up the challenge on merits and sought protection to surrender. Revision disposed of with ten days' protection from arrest and a direction to decide any bail application per Satender Kumar Antil.

What did the court decide?

Ten days' protection from arrest; direction to surrender within ten days and for trial court to consider bail application per Apex Court guidelines in Satender Kumar Antil.

Alkesh Singh vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:120077

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Court No. - 84

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Case :- CRIMINAL REVISION No. - 3212 of 2024

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Revisionist :- Alkesh Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the Revisionist as well as learned Additional Government Advocate for the State of U.P.

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This criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionist, namely, Alkesh Singh, with a prayer to quash the order dated 14.05.2024 passed by learned Additional District and Sessions Judge, Court No. 3, Auraiya, in Session Trial No. 963 of 2021 (State Vs. Saurabh and others), arising out of Case Crime No. 127 of 2021, under Sections 307, 504, 506 I.P.C., Police Station Airwa Katra, District Auraiya, whereby application (Paper No. 74ka) under Section 319 Cr.P.C. of the prosecution has been allowed for summoning the revisionist as an additional accused to face trial.

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Brief facts of the case which are required to be stated are that in this case a First Information Report was lodged on 27.05.2021 for the alleged offence under Sections 147, 504, 506, 307 I.P.C. against five accused persons, namely, Saurabh Singh, Alkesh Singh (revisionist), Monu Singh, Chhotu Singh and Suresh Singh, but after culmination of investigation charge-sheet was submitted only against Saurabh Singh and Chhotu Singh and rest of the accused persons were exoneration, but on the basis of the statement of Vinod Singh, who is inured witness and has been examined as PW-3, the revisionist has been summoned as an additional accused along with two others to face trial.

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At the outset learned counsel for the revisionist, gave up his challenge to the aforesaid impugned

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order dated 14.05.2024 against the revisionist and confined his submission requesting to grant some protection to the revisionist to surrender before the concerned court below. Learned counsel for the revisionist further stated at the Bar that he is not pressing any other prayer made in this criminal revision on merits and prayed that a direction may be issued to the concerned court below to consider and decide the bail application of the revisionist expeditiously.

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On the other hand, learned A.G.A. submits that in case revisionist is not pressing the relief as sought for by him, he has no objection if the Court grants some protection to him for a short period.

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In view of the above, the relief as sought by the revisionist in the instant criminal revision is refused.

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However, considering the alternative prayer of learned counsel for the revisionist, it is directed that revisionist shall surrender before the trial court within ten days from today and in case he moves an application for bail before the trial court, the same shall be decided keeping in view the guidelines 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 a period of ten days or till the time of surrender of the revisionist before the concerned court below, whichever is earlier, he shall not be arrested in the above case.

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With the above observation and direction, the instant criminal revision stands disposed of.

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Order Date :- 26.7.2024 Kashifa

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Digitally signed by :- KASHIFA High Court of Judicature at Allahabad

Alkesh Singh v. State of U.P. and Another

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Alkesh Singh v. State of U.P. and Another

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