Court No. - 85
Case :- APPLICATION U/S 482 No. - 499 of 2021 Applicant :- Awadhesh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arimardan Yadav,Jadu Nandan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under section 482 Cr.P.C. has been filed with a prayer to set aside the entire proceedings of S.S.T. NO. 456 OF 2016 (State VS. Mithun Karmkar) arising out of case crime no.
456 of 2016, under section 363, 366, 376-D, 506 IPC and section 3/4 POCSO Act, and section 363, 368, 120-B IPC and 16/17 POCSO Act pending in the court of Special Judge (POCSO Act)/Addl. District & Sessions Judge, Kannauj as well as the summoning order dated 29.10.2020.
Learned counsel for the applicants has submitted that the applicants have been summoned under section 319 Cr.P.C., therefore, he has only made a prayer for expeditious disposal of their 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, it is directed that if the applicants appear/ surrender before the court below and apply for bail within thirty days from today, their 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 applicants appear/ surrender and apply 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 observations, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 16.8.2021/RPD