Court No. - 80
Case :- APPLICATION U/S 482 No. - 12338 of 2021 Applicant :- Ashwani Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Imtiyaj Ali 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 applicant with the prayer to quash the charge sheet dated 20.4.2020 and summoning order dated 29.6.2020 as well as further proceedings of Case No. 2085 of 2020 (State vs. Ashwani Kumar & others) arising out of Case Crime No. 64 of 2020, under Sections 323, 504, 427, 332 IPC and Section 3 of Prevention of Damage to Public Property Act, 1984, P.S. Gyanpur, District- Bhadohi, pending in the court of Addl. Chief Judicial Magistrate, Bhadohi.
At the very outset, learned counsel for the applicants has not pressed the other prayers 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 applicants and in view of the entire facts and circumstances of the case, it is directed that if the applicants appear and surrender before the court below within 30 days from today and applies for bail, their prayer for bail shall be considered and decided in view of settled law laid down 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 in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of 30 days from today or till the applicants surrender and applies for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 16.8.2021 KU