Disposed

Shakli Devi and 2 Others v. State of U.P. and Another

Allahabad HC5 Aug 2024CRLR/3899/2024

Case brief

AI extract

What is this about?

The High Court rejected the petitioners' challenge to the rejection of their discharge application but, granting an alternative prayer, directed that they surrender before the trial court within ten days and not be arrested during that period, adhering to Apex Court bail guidelines.

What did the court decide?

Directed petitioners to surrender before the trial court within ten days and not be arrested during this period.

Shakli Devi and 2 Others vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:125516

¶2

Court No. - 84

¶3

Case :- CRIMINAL REVISION No. - 3899 of 2024

¶4

Revisionist :- Shakli Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Chandra Kumar Rai Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sanjay Kumar Singh,J.

¶6

Heard learned counsel for the Revisionists and learned Additional Government Advocate for the State of U.P.

¶7

This criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionists, namely, Shakli Devi, Feku Ram @ Feku Prajapati and Avadhesh Kumar, with a prayer to set aside the impugned order dated 10.05.2024 passed by learned Chief Judicial Magistrate, Azamgarh and proceedings of Case No. 8261 of 2022 (State Vs. Shakli Devi and others), arising out of Case Crime No. 211 of 2021, under Sections 420, 406 I.P.C., Police Station Mubarakpur, District Azamgarh, whereby discharge application dated 15.09.2023 of the revisionists has been rejected.

¶8

At the outset learned counsel for the revisionists, gave up his challenge to the aforesaid impugned order dated 10.05.2024 against the revisionists and confined his submission requesting to grant some protection to the revisionists to surrender before the concerned court below. Learned counsel for the revisionists 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 applications of the revisionists expeditiously.

¶9

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

¶10

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

¶11

However, considering the alternative prayer of learned counsel for the revisionists, it is directed that revisionists shall surrender before the trial court within ten days from today and in case they move 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 .

¶12

For a period of ten days 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.

¶13

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

¶14

Order Date :- 5.8.2024 Kashifa

¶15

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

Shakli Devi and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Shakli Devi and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pratap Shankar Debey vs State of Up

Shiv Kumar and 3 Others vs State of U.P through Principal Secretary (Home) and Another

Gaurav vs State of U.P. and 3 Others

Meena Kesarwani and Another vs State of Up and Another

Rinku and 3 Others vs State of U.P. and Another

State of U.P. vs Shani Kumar s/o Krishnapal