Court No. - 80
Case :- APPLICATION U/S 482 No. - 11248 of 2021 Applicant :- Anil Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicants with the prayer to quash the charge sheet dated 23.12.2020 and cognizance order dated 17.2.2021 as well as further proceedings of S.S.T. No. 132 of 2021 (State Vs. Anil & another) arising out of Case Crime No. 477 of 2020, under Sections 324, 504, 323, 308 IPC and 3(1)R, 3(1)(s) and 3(2)(va) of SC/ST Act, P.S.
Bindki, District- Fatehpur, pending in the court of Special Judge, SC/ST Act, Fatehpur.
Learned counsel for the applicants has submitted that applicant no. 2- Sunil Kumar has already been arrested, however his bail application be considered and disposed of expeditiously.
Sofaras applicant no. 1, at the very outset, learned counsel for the applicants has not pressed the other prayer 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 no. 1 and in view of the entire facts and circumstances of the case, it is directed that if the applicant no. 1 appears and surrenders before the court below within 30 days from today and applies for bail, his 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 applicant no. 1 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 him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 29.7.2021 KU