Court No. - 27
Case :- APPLICATION U/S 482 No. - 1576 of 2019 Applicant :- Ashish Yadav @ Krishna Chandra Yadav And 4 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Awadhesh Kumar Singh,Abhai Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed to quash the criminal proceeding in case crime no. 415 of 2015 (State Vs. Arun Yadav and others), under Sections 147, 323, 325, 451, 504, 506 I.P.C., P.S. Cholapur, District Varanasi, pending in the court of ACJM, Court No.1, Varanasi and also quash the charge-sheet dated 21.01.2016 in case crime no.415 of 2015.
Sole prayer which has been pressed by the learned counsel for the applicants in the present application is that the applicants are ready to surrender before the court below. However, he submits that some time may be granted to them to surrender before the court below.
Considering the facts and circumstances of the case, it is provided that in case the applicants surrender before the court below within 30 days from today and apply for bail, their bail prayer 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.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 21.1.2019 S.Sharma