Disposed

Shayam Lal and Another v. State of U.P. and Another

Allahabad HC11 Sept 2024CRLR/3448/2024

Case brief

AI extract

What is this about?

Revisionists challenged summons under Section 319 CrPC. They withdrew the challenge and sought protection to surrender. The Court refused the revision on merits but granted protection for three weeks to surrender and apply for bail, directing expeditious disposal in line with Satender Kumar Antil.

What did the court decide?

Protection granted for three weeks to surrender and apply for bail; coercive steps stayed during this period.

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

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Neutral Citation No. - 2024:AHC:148272

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Court No. - 84

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Case :- CRIMINAL REVISION No. - 3448 of 2024

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Revisionists :- Shayam Lal And Another Opposite Party :- State of U.P. and Another Counsel for Revisionists :- Sanjay Singh 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 revisionists 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 21.05.2024 passed by the Special Judge (POCSO Act) Rampur in Special Case No. 34 of 2021 (State Vs. Jai Prakash ) arising out of Case Crime No.134 of 2017, under Sections 363, 376 IPC and 3/4 of POCSO Act, police station Patwai, district Rampur 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-2 recorded before the trial Court wherein she has made allegations of rape against the revisionists Shyam Lal and Satpal also.

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At the outset, learned counsel for the revisionists 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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Learned A.G.A. representing the State submits that in case the revisionists are not pressing the relief as

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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 three weeks 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 framed 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 three weeks from today or till the time of surrender of the revisionists before the concerned Court below, whichever is earlier, no coercive steps shall be taken against them.

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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 :- 11.9.2024 Ishrat

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Digitally signed by :- MOHAMMAD ISHRAT High Court of Judicature at Allahabad

Shayam Lal and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shayam Lal and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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