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2021 Supreme(All) 1183

SANJAY KUMAR PACHORI
Prateek Shukla – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sanjeev Kumar Shukla
For the Respondent: Nirbhay Singh

JUDGMENT :

1. The instant application under Section 482 of the Code of Criminal Procedure (in short "Cr.P.C.") has been filed for quashing the impugned order dated 13.7.2021 passed by Chief Judicial Magistrate, Allahabad, whereby the said court rejected the application under Section 167(2) of Cr.P.C. and enlarge on bail to the applicant under Sections 302, 307, 504 of The Indian Penal Code (hereinafter referred to "IPC") and Section 7 Criminal Law Amendment Act, under Section 167(2) of Cr.P.C.

2. The applicant has filed an application for release on default bail on 7.7.2021 under proviso to Section 167(2) of Cr.P.C. before the Chief Judicial Magistrate, Allahabad, alleging that non-filing of charge-sheet within 90 days, the applicant/accused to be released on bail under Sections 302, 307, 504 under proviso to Section 167(2) of Cr.P.C.

BRIEF FACTS OF THE CASE:

3. The Prosecution case, in brief is that the First Information Report dated 15.02.2021, has been registered against the applicant under Section 302, 307, 504 of IPC and Section 7 of the Criminal Law (Amendment) Act, 1932 st

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