Vijay Pal Nishad Alias Vijay and Another v. State of U.P. Thru. Secy. Home Lko. and Another

Court No. - 11 Case :- APPLICATION U/S 482 No. - 5654 of 2024 Applicant :- Vijay Pal Nishad Alias Vijay And Another Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And Another Counsel for Applicant :- Sunil Kumar Singh,Manish Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Shri Jitendra Vikram, Advocate holding brief of Shri Sunil Kumar Singh, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.

¶2The present application under Section 482 Cr.P.C has been filed with a prayer to set aside the impugned chargesheet dated 13.12.2023, under Sections 323, 504, 506, 308 I.P.C, Police Station Maharajganj, District Ayodhya, F.I.R. No. 286 of 2023 and summoning order dated

07.02..2024, pending before the Civil Judge (S.D) II/ACJM Faizabad.

¶3At the very outset, counsel for the applicants states that the applicants pray for liberty that they will surrender before the court below and apply for bail.

¶4It is therefore, directed that in case the applicants surrender and prefer bail application before the court below, within a period of one month, the trial Court will decide the said bail application as expeditiously as possible, preferably within one month. It is further provided that while deciding the bail application of the applicants, the court below will take into account the law laid down by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation And Another reported in [(2021) 10 SCC 773] and decide it in accordance with law.

¶5In backdrop of aforesaid decisions and keeping in view the entirety of facts and circumstances of the case and having regard to the submissions of learned counsel for the applicants, the application is disposed of

.

¶6For a period of 30 days from today or till the applicants apply for bail, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 24.6.2024 DiVYa High Court of Judicature at Allahabad, Lucknow Bench