Court No. - 85
Case :- MATTERS UNDER ARTICLE 227 No. - 1937 of 2021 Petitioner :- Anil Kumar @ Pawan Kumar And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Ganga Bhushan Mishra Counsel for Respondent :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioners, learned AGA for the State and perused the record.
This petition has been filed with a prayer to set aside the entire proceeding of Case No. 881 of 2016 (Smt. Usha Devi vs. Anil Kumar and another) as well as summoning order dated 21.2.2017, u/s 452, 323, 354 I.P.C., P.S.- Harduaganj, District Aligarh, pending in the court of A.C.J.M, Court No. 4, Aligarh and also the order dated 10.12.2020, passed by learned Additional District and Sessions Judge, Court No.3, Aligarh in Criminal Revision No. 195 of 2017 (Anil Kumar and another vs. State of U.P. and another).
After some argument, learned counsel for the petitioners 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 petitioners and in view of the entire facts and circumstances of the case, it is directed that if the petitioners 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 petitioners surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the petitioners do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this petition is finally disposed of.
Order Date :- 16.9.2021 Vandana