Antim Gautam and Another v. State of U.P. and Another

Court No. - 90 Case :- APPLICATION U/S 482 No. - 40434 of 2023 Applicant :- Antim Gautam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Sharma,Rajjan Kumar Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2As per FIR version, on the date of the incident dated 16.6.2023 at about 6 am, due to previous enmity, accused persons have badly thrashed to the nephew of the present applicant namely Satish with sticks causing severe injury, however, while Manoj and Shani tried to intervene in the matter, they have been beaten up as well.

¶3After due deliberation at length, learned counsel for the applicant, without pressing on the merits of the case, has submitted that the present applicants are ready and willing to appear and surrender before the court below and co-operate with the court proceedings provided some protection may be given to them.

¶4In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction that, in case, the present applicants surrender/appear before court concerned and file bail application within a period of three weeks from today, the same shall be considered and decided by the concerned court below within a period of two weeks thereafter.

¶5For a period of five weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicants in Case No. 103 of 2023 (State Vs. Antim Gautam and others) arising out of Case Crime No. 130 of 2023, under Sections 323, 504, 506, 325 & 308 IPC, Police Station Sujanganj, District Jaunpur pending before A.M.-Ist/Judicial Magistrate, Court No. 14, Jaunpur.

¶6With the aforesaid direction, present writ petition is disposed of. Order Date :- 9.11.2023/vinay High Court of Judicature at Allahabad