Court No. - 85
Case :- APPLICATION U/S 482 No. - 11127 of 2021 Applicant :- Ajay Sonkar Alias Nanka Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Roy Sharma,Akhilesh Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under section 482 Cr.P.C. has been filed with a prayer to quash the cognizance order dated 5.9.2018 and the charge sheet dated 14.4.2018 filed in case crime no. 991 of 2017, under Section 354(Ka), 452, 506, 354 (Kha) IPC, P.S.
Dhoomanganj, District Allahabad as well as the entire criminal proceedings initiated on the basis of the aforesaid charge sheet vide criminal case no. 1961 of 2018, pending in the court of Additional Chief Judicial Magistrate, Court No. 8, Allahabad.
Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.
At the very outset, learned counsel for the applicant 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 applicant, it is directed that if the applicant appears/ surrenders before the court below and apply for bail within three weeks from today, his prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of three weeks from today or till the applicant appears/ surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 28.7.2021 A.P. Pandey