Nilesh Sahu and Another v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39336 of 2023 Applicant :- Nilesh Sahu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh,Ratnesh Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicants and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 04.07.2017; cognizance/summoning order dated 09.10.2017 as well as entire proceedings of Case No.4585 of 2017 (State Vs. Nilesh Sahu and others) arising out of Case Crime No.160 of 2017, under Sections 498-A, 323, 504, 506, 306 I.P.C., under Section 3/4 D.P. Act, P.S. Saidpur, District Ghazipur, pending in the court of Judicial Magistrate, court no.6, Ghazipur.

¶3On the matter being taken up, learned counsel for the applicants has not pressed the relief as sought by means of this application on merit and prayed for issuance of appropriate direction to the concerned Courts below to decide the bail application of the applicants expeditiously.

¶4Learned A.G.A. has no objection in allowing the aforesaid prayer of the applicants.

¶5Accordingly the relief as sought by the applicants through this application is refused.

¶6Considering the aforesaid alternative prayer of the applicant, it is directed that applicants shall surrender before the concerned Court below within four weeks from today and in case apply for bail, the bail application shall be decided expeditiously by the courts below in accordance with law 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.

¶7For the period of four weeks from today or till the time of surrender of the applicants before the Court below, whichever is earlier, no coercive action shall be taken against them.

¶8With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 27.10.2023 Meenu Singh High Court of Judicature at Allahabad