Ajay Awasthi And 2 Others vs State Of U.P. And Another
2023 Latest Caselaw 6638 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 69
 

 
Case :- APPLICATION U/S 482 No. - 7555 of 2023
 

 
Applicant :- Ajay Awasthi And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Prateek Prajapati
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Samit Gopal,J.

List revised.

Heard Sri Prateek Prajapati, learned counsel for the applicants, Sri B.B. Upadhyay, learned counsel for the State and perused the record.

This application under Section 482 Cr.P.C. has been filed by the applicants Ajay Awasthi, Vijay Awasthi and Gopal Awasthi with the prayer to quash the NBW dated 04.10.2021 passed by M.M.-VIII, Kanpur Nagar and direct the courts below to consider and decide the bail application of the applicants expeditiously in view of the settled law laid by Hon'ble Apex Court in the judgment in the case of Satyendra Kumar Antil Vs. Central Bureau of Investigation reported in 2021 SCC Online SC 922 relating to Case Crime No. 183 of 2015 (State Vs. Ajay Awasthi and others), under Section 427, 323, 504, 506 I.P.C., Police Station Juhi, District Kanpur Shahr and with a further prayer to direct the Authority concern to not take any coercive action against the applicants.

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 quashing and staying the further proceedings of the case but he does not press the same.

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 quashing and staying the further proceedings of the aforesaid case 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. Till the aforesaid period, no coercive action shall be taken against the applicants.

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 :- 1.3.2023

M. ARIF

(Samit Gopal, J.)