Court No. - 85
Case :- APPLICATION U/S 482 No. - 14101 of 2021 Applicant :- Abul Hasan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Munna Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 1.9.2019 and cognizance order dated 6.6.2020 as well as entire criminal proceeding of Case No. 1371 of 2020 (State Vs. Sarajuddin and others) pending in the court of Judicial Magistrate, Kasia, District Kushinagar arising out of Case Crime N0. 147 of 2019, under sections 323, 506, 452, 504, 325, 427 IPC, P.S. Patherwa, District Kushinagar.
At the very outset, learned counsel for the applicants has submitted that he does not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of his bail application in view of law laid down in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Considering the prayer of the applicants and in view of the entire facts and circumstances of the case, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of 30 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 13.8.2021/RPD