Smt. Suhaga Devi And 3 Others vs State Of U.P. . And Another
2023 Latest Caselaw 4251 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 69
 

 
Case :- APPLICATION U/S 482 No. - 2643 of 2023
 

 
Applicant :- Smt. Suhaga Devi And 3 Others
 
Opposite Party :- State Of U.P. . And Another
 
Counsel for Applicant :- Vaibhav Shandilya,Sr. Advocate
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Samit Gopal,J.

List revised.

Heard Sri Vaibhav Shandilya, learned counsel for the applicants, Sri Raj Kumar Gupta, learned counsel for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants Smt. Suhaga Devi, Smt. Sukhda Devi, Smt. Bitti Devi and Chandrajeet Singh @ Bhura with the prayer to allow this application and set aside the order dated 13.12.2022 passed by Judicial Magistrate-I Mainpuri in Case No. 4117/2011 (State Vs. Chandrajeet and others), Crime No. 78/1990 under Sections 498-A, 306, 201of IPC, Police Station Elau, District Mainpuri and direct the trial court concerned to decide the applicants bail application in view of the judgment rendered by Hon'ble Supreme Court in Satendra Kumar Antil Vs. Central Bureau Investigation & Another reported in (2022) SCC Online SC 825 and with further prayer to stay the effect and operation of the said order.

At the very outset, learned counsel for the applicants states that the purpose of the applicants would suffice if an order is passed directing the trial court to decide the bail application of the applicants, as expeditiously as possible. He further states that although the prayer has been made for setting aside the order dated 13.12.2022 and staying the effect and operation of the said order but he does not press the same. Learned counsel for the applicants further states that non bailable warrants have been issued against the applicants.

Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.

In view of the above, the prayer for setting aside the order dated 13.12.2022 and staying the effect and operation of the said order is dismissed as not pressed.

However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants surrender before the trial court and apply for bail within two weeks from today, the same shall be considered and decided expeditiously in accordance with law. Further, it is directed that non bailable warrants, if any, issued against the applicants shall be kept in abeyance till said period.

It it clarified that if the accused-applicants do not appear before the court concerned by the said date, the court concerned shall proceed against them in accordance with law.

The present application is disposed of.

Order Date :- 9.2.2023

Vijay

(Samit Gopal, J.)