Allahabad High Court
Jayant And 14 Others vs State Of U.P. And Another on 10 January, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 886 of 2023 Applicant :- Jayant And 14 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prem Prakash Yadav,Brijesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Prem Prakash Yadav, learned counsel for the applicants, Sri Raj Kumar Gupta, learned counsel for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed by the applicants? Jayant, Harishchandra, Om, Sanju, Sonu, Pappu, Amar @ Amardatt, Deva, Vishan, Kamal, Ram Singh, Duryodhan @ Manoj Son, Lekhraj, Veer Singh and Om Prakash with the following prayers:-
"It is therefore most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and quash the entire proceeding as well as impugned charge sheet dated 09.07.2021 and Cognizance order dated 18.10.2021, alongwith its consequential NBW dated 16.11.2022, in Criminal Case No. 1086 of 2021 (State Vs. Jayant and others) arising out of Case Crime No. 295 of 2021 under Section 147, 148, 149, 452, 323, 325, 506, 324, 336 I.P.C. Police Station Jevar District Gautam Buddha Nagar, pending in the court of learned Judicial Magistrate, Jevar, Gautam Buddha Nagar.
It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Criminal Case No. 1086 of 2021 (State Vs. Jayant and others) arising out of Case Crime No. 295 of 2021 under Section 147, 148, 149, 452, 323, 325, 506, 324, 336 I.P.C. Police Station Jevar District Gautam Buddha Nagar, pending in the court of learned Judicial Magistrate, Jevar, Gautam Buddha Nagar, otherwise the applicants shall suffer irreparable loss and injury."
At the very outset, learned counsel for the applicants states that the purpose of the applicants would suffice if an order is passed directing the trial court to decide the bail application of the applicants, as expeditiously as possible. He further states that although the prayer has been made for quashing of the entire proceedings, charge sheet and well as NBW issued in the case but he does not press the same.
Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.
In view of the above, the prayer for quashing of entire proceedings, charge sheet and well as NBW issued in the case is dismissed as not pressed.
However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants surrender before the trial court and apply for bail within three weeks from today, the same shall be considered and decided expeditiously in accordance with law.
Till the aforesaid period, non-bailable warrants issued against the applicants shall be kept in abeyance.
It is clarified that if the accused-applicants do not appear before the court concerned by the said date, the court concerned shall proceed against them in accordance with law.
The present application is disposed of.
(Samit Gopal, J.) Order Date :- 10.1.2023 Gaurav