Court No. - 70
Case :- APPLICATION U/S 482 No. - 16671 of 2019 Applicant :- Abhishek @ Rickky Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shiv Vilas Mishra,Brijesh Kumar Gautam Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 13.1.2019, summoning order dated 5.3.2019 as well as entire proceedings of Special Criminal Case No. 60 of 2019 (State vs. Abhishek @ Rickky and others) under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, police station Kakadev, district Kanpur Nagar pending in the court of Spcial Judge (Gangster), Kanpur Nagar.
Learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 13.1.2019 against the applicant and requested to grant some protection, so that applicant may surrender before the court below. Learned counsel for the applicant further stated at the bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail application of the applicant expeditiously in accordance with law.
Considering the prayer made by learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 30 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437, Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 30 days from today, no coercive action shall be taken against the applicant in the above mentioned case.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 26.4.2019 Sumaira