Court No. - 47
Case :- APPLICATION U/S 482 No. - 19174 of 2020
Applicant :- Avid And 3 Others
Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No. 258 of 2020 (State Vs. Avid and others) arising out of case crime no. 84 of 2020, under Sections 323, 504, 506 IPC, P.S. Khair, District Aligarh, pending in the court of Judicial Magistrate, Khair, District Aligarh.
Learned counsel for the applicants has submitted that the applicants are willing to move bail application before the court concerned and the same may be decided on the same day.
Learned A.G.A. opposed the contentions made on behalf of the applicants.
In view of above, application is finally disposed of with the direction that if applicants appear before the court concerned below within 60 days from today and apply for bail, their bail application shall be considered and decided by the court below expeditiously, if possible on the same day, in accordance with the settled law laid down by the Seven Judges' decision of this Court in the case of Amarawati and another Vs. State of U.P. reported in 2004 (57) ALR-290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (322) (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. after hearing the Public Prosecutor in the aforesaid case number for the aforesaid offence.
Order Date :- 6.1.2021 Prajapati