Guru Prasad Rawat @ Guru Prasad And 3 ... vs State Of U.P. Thru. Addil, Chief Secy. ...
2023 Latest Caselaw 35467 ALL

Allahabad High Court

Guru Prasad Rawat @ Guru Prasad And 3 ... vs State Of U.P. Thru. Addil, Chief Secy. ... on 16 December, 2023

Author: Shamim Ahmed

Bench: Shamim Ahmed

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:83111
 

 
Court No. - 15
 

 
Case :- APPLICATION U/S 482 No. - 12275 of 2023
 

 
Applicant :- Guru Prasad Rawat @ Guru Prasad And 3 Others
 
Opposite Party :- State Of U.P. Thru. Addil, Chief Secy. Home Civil Secrt. Lko. And Another
 
Counsel for Applicant :- Chandra Shekhar Singh Yadav,Hari Karan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.
 

Heard learned counsel for the appellant and learned A.G.A. for the State.

This application under Section 482 Cr.P.C. has been filed by the applicants-Guru Prasad Rawat alias Guru Prasad, Arun Kumar Rawat, Lavkush Rawat, Ram Pratap alias Pratap Rawat to quash the charge-sheet dated 07.07.2023 in Case No. 87370 of 2023, Crime No. 85 of 2023, under Sections 323,504, 506, 308 I.P.C., Police Station Mall, District Lucknow and summoning order dated 21.07.2023 passed by the court of Additional Chief Judicial Magistrate IV, Court No. 28, Lucknow in Crime No. 085 of 2023, under Sections 323, 504, 506, 308 I.P.C., Police Station Mall, District Lucknow.

After some argument, learned counsel for the applicants confined his prayer to the extent that a positive direction may be given to learned court below that if a bail application is moved before it by the applicants, the same may be considered and decided expeditiously in accordance with law in light of judgment of the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and others : (2022) 10 SCC 51 as the punishment in the above case is less than seven years.

Learned A.G.A. has no objection to the prayer made by learned Counsel for the applicants and submit that a positive direction may be issued to the learned court below to consider and decide the bail application, if moved before it by the applicants, expeditiously in accordance with law after hearing the public prosecutor.

In view of the submissions made by learned Counsel for the parties, if the applicants appear and surrender before the court below and apply for bail within four weeks' from today, the prayer for bail shall be considered and decided expeditiously by the court below in accordance with law after hearing the Public Prosecutor in light of judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil (Supra).

With the aforesaid observations, this application is finally disposed of.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 16.12.2023

Arvind