Disposed

Yadunandan Alias Makhanchu and 2 Others v. State of U.P. and Another

Allahabad HC13 Aug 2024CRLR/3632/2024

Case brief

AI extract

What is this about?

The revisionists dropped merit-based challenges to their discharge rejection. The Court disposed of the revision, granting two weeks for surrender and directing expeditious bail disposal in accordance with Satender Kumar Antil guidelines.

What did the court decide?

Protection from arrest for two weeks to surrender and apply for bail; direction for expeditious bail disposal.

Yadunandan Alias Makhanchu and 2 Others vs State of U.P… — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:131245

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Court No. - 84

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Case :- CRIMINAL REVISION No. - 3632 of 2024

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Revisionist :- Yadunandan Alias Makhanchu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Anand Kumar 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-Yadunandan @ Makhanchu, Rajesh Yadav and Vishal against the impugned order dated 06.05.2024 passed by learned Civil Judge (S.D.)/F.T.C., Mirzapur in Case No. 652 of 2023 (State vs. Yadunandan @ Makhanchu and others) arising out of Case Crime No. 221 of 2022, under Sections 323, 324, 308, 427 and 504 I.P.C., Police Station Adalhat, District Mirzapur whereby the discharge application of the revisionists has been rejected.

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3-Learned counsel for the revisionists, after advancing his arguments at some length and putting certain query by this Court, gave up his challenge to the aforesaid impugned order 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 surrenders

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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 two weeks' from today and apply for bail, the bail application of the revisionists shall be 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 two weeks' 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 :- 13.8.2024 Saurabh

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

Yadunandan Alias Makhanchu and 2 Others v. State of U.P. and Another

Case brief

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Yadunandan Alias Makhanchu and 2 Others v. State of U.P. and Another

Case brief

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