Allahabad High Court
Rajneesh Kumar vs State Of U.P. And Another on 18 April, 2023
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 12346 of 2023 Applicant :- Rajneesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vipin Chandra Dixit,J.
Heard Sri Ravindra Prakash Srivastava, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed for quashing the summoning order dated 7.12.2020 as well as the entire proceedings of Case No.19745 of 2020 (State Vs. Rajneesh Kumar), arising out of Case Crime No.264 of 2020, under Sections 279, 337, 338 I.P.C. and Section 181, 3/184 of The Motor Vehicles Act, P.S. Parasrampur, District Basti pending in the court of Judicial Magistrate (Second), Basti.
The contention of counsel for the applicant is that no offence against the applicant is disclosed and the present case has been instituted with a malafide intention for the purposes of harassment.
After arguing the case for some time, learned counsel for the applicant submits that the applicant does not want to press the prayer for quashing of summoning order or entire criminal proceedings and the purpose of his client would suffice, if a direction may be given to the courts below to decide the bail application within specific time frame.
Considering the facts and circumstances of the case, it is provided that if the applicant surrenders and applies for bail within three weeks from today, the Courts below may decide the bail application of the applicant expeditiously in accordance with law laid down by Hon'ble the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773.
For the period of three weeks, no coercive action shall be taken against the applicant in the aforesaid case.
With the above directions, present application U/s 482 Cr.P.C. is disposed of.
Order Date :- 18.4.2023 Kpy