Ashish Gupta and 4 Others v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 36738 of 2023 Applicant :- Ashish Gupta And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Srivastava,Ashish Rai,Om Prakash Rai Counsel for Opposite Party :- G.A.,Kaustubh Tripathi Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Om Prakash Rai, learned counsel for the applicants, Ms. Alka Upadhyay, Advocate holding brief of Sri Kaustubh Tripathi, learned counsel for the opposite party no.2, Sri Rajeev Kumar Singh, learned A.G.A for the State and perused the record.

¶2The instant application under Section 482 Cr.P.C. has been filed to direct the court below for further investigation under Section 173(8) Cr.P.C. by separate investigating agency in Criminal Case No.1166 of 2020 arising out of Case Crime No.25 of 2019, under Sections 498-A, 377, 506 IPC and 3/4 D.P. Act, Police Staton Naubasta, District Kanpur Nagar and further prayed for staying the proceeding of the aforesaid case.

¶3Contention of learned counsel for the applicant is that he does not want to press the aforesaid prayer. He further submits that the applicant nos.3, 4 and 5 are ready to surrender before the court below and apply for bail. This Court may be pleased to direct the court concerned to consider the bail application of the applicant Nos.3, 4 and 5 expeditiously within stipulated period of time as may be fixed by this Court. He next submits that the applicant nos.1 and 2 have already obtained bail.

¶4Considering the aforesaid submissions, the present application is disposed of with the direction that in case, the applicant Nos.3, 4 and 5 surrender before the Court concerned and apply for bail within three weeks from today, their bail application shall be considered and decided expeditiously by the court below, in view of law 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.

¶5For a period of four weeks from today or till disposal of bail application of applicant nos.3, 4 and 5, whichever is earlier, no coercive action shall be taken against the applicant nos.3, 4 and 5 in the aforesaid case.

¶6So far as applicant nos.1 and 2 are concerned, they had already obtained bail, therefore, their application is rejected. Order Date :- 31.10.2023 A.Kr. High Court of Judicature at Allahabad