Court No. - 49
Case :- APPLICATION U/S 482 No. - 19138 of 2018 Applicant :- Anegi Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to decide/consider the bail application of the applicant on same day in Case No. 643 of 2013 arising out of Case Crime No. 146 of 2013, under Sections 147, 148, 149, 452, 323, 427, 504, 506 IPC, Police Station Rabupura, District Gautam Budh Nagar, pending in the Court of Civil Judge (J.D.)/Judicial Magistrate, Jevar, District Gautam Budh Nagar.
Admittedly, the applicant had earlier approached this Court by means of 482 Cr.P.C. Application No. 40825 of 2017, which was disposed of by following directions contained in the order dated 6.12.2017:-
"From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions 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 Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The disputed defence of the accused cannot be considered at this stage. Moreover, the applicant has got a right of discharge under Section 239 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.
The prayer for quashing the proceedings of the aforementioned case and the chargesheet is refused.
However, it is directed that if the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court 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.
For a period of 45 days from today or till the applicant surrenders and applies for bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him. With the aforesaid directions, this application is finally disposed of"
It is now submitted that the applicant could not comply with the aforesaid order in view of his medical condition for which he had to undergo surgery. The medical papers annexed to the present application also disclose that the applicant did suffer major surgery in early January, 2018.
Considering the above, the present application is finally disposed of allowing the applicant two weeks and no more to apply for bail in terms of the aforesaid order dated 6.12.2017. For a period of two weeks from today, the benefit of that order may stand extended to the applicant.
Order Date :- 29.5.2018 Mini