Umesh Kumar Gaur @ Umesh Gaur and 4 Others v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 11549 of 2023 Applicant :- Umesh Kumar Gaur @ Umesh Gaur And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Diwakar Pratap Pandey Counsel for Opposite Party :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.

¶01Heard Sri Diwakar Pratap Pandey, learned counsel for the applicants and learned A.G.A. for the State and perused the record.

¶02This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash summoning order dated 03.02.2023, chargesheet as well as entire proceedings of case crime no.261 of 2021, under Sections 147, 323, 504, 506, 452, 354-Kha, 427, 392 I.P.C, P.S. Haiderganj, District Faizabad.

¶03After arguing for sometime the learned counsel for the applicants seeks not to press the aforesaid prayers. He 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 court below to consider and decide the bail application/surrender application of the applicants expeditiously.

¶04Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing for the reliefs as initially sought for by them on merit and want to surrender before the concerned court below, he has no objection.

¶05In view of facts and circumstances of the case and no objection of learned A.G.A., it is directed that in case the applicants surrender before the court concerned within 15 days from today and move a suitable bail application, the same shall be considered and decided by the court 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, reported in (2021) 10 SCC 773.

¶06With the above directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 28.11.2023 Asha High Court of Judicature at Allahabad, Lucknow Bench