Court No. - 44
Case :- APPLICATION U/S 482 No. - 15116 of 2018 Applicant :- Abdul Sayeed Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vikas Rana Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Vikas Rana, learned counsel for the applicant and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 17.3.2018 passed by the Chief Judicial Magistrate, Bareilly, in Complaint Case No. 2626 of 2018 (State Vs. Abdul Sayeed), under sections 18/27 of Drugs and Cosmetics Act, 1940, P.S. Sheeshgarh, District Bareilly, as well as the entire proceedings of the above mentioned complaint case.
At the very outset, learned counsel for the applicant submitted that the interest of justice shall be served in case a direction is issued to the Court below to expeditiously decide the bail application of the applicant. Considering the facts and circumstances of the case, it is hereby directed that in case, the applicant appears before the Court below within a period of one month from today, then the bail application of the applicant shall be decided in accordance with the law laid down by this Court in the case of Brahm Singh and others Vs. State of U.P. and others reported in 2016 (7) ADJ 151.
As an interim measure, it is provided that for a period of one month from today or till the applicant appears before the Court below, whichever is earlier, no coercive action shall be taken against the applicant. In case of default to comply with the directions contained herein above, the Court below shall be free to proceed against the applicant in accordance with law.
With the aforesaid observations, the present application stands finally disposed of.
Order Date :- 29.5.2018 HSM