Allahabad High Court
Uttam @ Uttam Prakash And Another vs State Of U.P. And Another on 1 November, 2023
Author: Sanjay Kumar Singh
Bench: Sanjay Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:209068 Court No. - 88 Case :- APPLICATION U/S 482 No. - 33485 of 2023 Applicant :- Uttam @ Uttam Prakash And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rupesh Srivastav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants to quash the charge-sheet dated 23.03.2022, cognizance order dated 18.08.2023 and proceedings of Case No. 1041 of 2023 (State Vs. Uttam @ Uttam Prakash and others) arising out of Case Crime No. 404 of 2021, under Sections 323, 504, 506, 324, 308 IPC, Police Station Nawabganj, District Bareilly pending in the court of Judicial Magistrate, Nawabganj, Bareilly.
It is submitted by learned counsel for the applicants that in this case, first information report was lodged on 19.09.2021 under Sections 323, 504, 506 IPC against the applicants, in which after culmination of investigation, charge-sheet has been submitted on 23.03.2022 under Sections 323, 504, 506, 324 and 308 IPC. It is further submitted that before submission of charge-sheet in the matter, the applicant no. 1 preferred bail application before the concerned Court below and has been granted bail vide order dated 22.10.2021 under Sections 323, 324, 504, 506 IPC. So far as Section 308 IPC qua applicant no. 1 is concerned, he has not been granted bail in the aforementioned section.
Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. Learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.
Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as 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.
In view of the above, the relief as sought by the applicants in the instant application is refused.
However, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within two weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts 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, 2021 SCC Online SC 922.
For the period of two weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 1.11.2023 Shubham