Vivek and 2 Others v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 36149 of 2023 Applicant :- Vivek And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sadashiv Tripathi,Shyam Shankar Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Shyam Shankar Shukla, learned counsel for the applicants, Ms. Bibha Sinha, learned A.G.A for the State and perused the record.

¶2The instant application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 27.11.2022 in Case No.1394 of 2023 arising out of Case Crime No.312 of 2022, under Sections 148, 452, 354, 323, 504, 506 IPC, Police Station - Jawan, District Aligarh.

¶3At the very outset, learned counsel for the applicants submits that the applicants do not want to press the prayer for quashing of the charge sheet. They wants to surrender before the court and apply for bail. He further submits that this Court may be pleased to direct the court concerned to consider the bail application of the applicants expeditiously within stipulated period of time as may be fixed by this Court.

¶4In view of the aforesaid submissions, the present application is disposed of with the direction that in case, the applicants 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 applicants, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 2.11.2023 A.Kr. High Court of Judicature at Allahabad