Court No. - 23
Case :- APPLICATION U/S 482 No. - 35536 of 2018
Applicant :- Anil Nayak And 4 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Ravindra Prakash Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard R.P. Srivastava, learned counsel for the applicants, Sri Abhinava Anand Singh, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the entire proceeding of Complaint Case as well as order dated 11.09.2015 by which non-bailable-warrant issued against the applicants in Complaint Case No. 166 of 2012 (State vs. Anil Nayak and others), under Sections 504, 506 IPC, P.S. Dhanghata, District Sant Kabir Nagar, pending in the Court of Chief Judicial Magistrate, Sant Kabir Nagar.
After arguing the matter up to a length, learned counsel for the applicants submits that they does not want to press this application on merit and they confines their prayer only to the extent that applicants may be permitted to surrender and move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.
Learned A.G.A. has no objection in grant of aforesaid prayer.
In view of above, it is provided that if the applicants surrender before the courts below within thirty days from today, and apply for bail, their application for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Another Vs. State of U.P. reported in 2004 (57) ALR 290, as affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
It is made clear that this order shall not be treated as an implied direction of this Court to grant bail to the applicants and the court concerned shall be at liberty to pass appropriate order in accordance to law.
Till the aforesaid period of thirty days, no coercive measures shall be taken against the applicants in the aforesaid case.
In case, applicants fails to surrender before the Courts below, within the stipulated period of thirty days, they will not get benefit of this order.
With above directions this application stands disposed of. Order Date :- 12.10.2018 Monika