Heard learned counsel for the applicants and learned A.G.A. This application is filed by the applicants with a prayer that the charge sheet of the case crime no. 96-A of 2005, under Sections 147,148,353,341 I.P.C., and 7 Criminal Law Amendment Act P.S. Hafizpur district Ghaziabad may be quashed.
From the perusal of the record it appears that on the basis of the evidence collected by the I.O. during investigation prima facie offence under the aforesaid sections is made out, therefore, the prayer for quashing the charge sheet is refused.
It is further contended that the injured had received injuries, but the injuries were simple in nature and the applicants are peace loving and law abiding person. They undertake that they shall co-operate with the proceedings of the trial and shall not tamper with the evidence. It is further contended that the applicants want to appear before the court concerned, but there is reasonable apprehension in their mind that in case they appear before the court concerned and apply for bail their bail application shall not be considered and disposed of on the same day.
Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicants it is directed that in case the applicants appear before the court concerned within 20 days from today and apply for bail his bail application shall be considered and disposed of in strict compliance of the direction given by full bench of this court in the case of Smt Amrawati and another Vs. State of U.P. (2004) (57) ALR, 390. No coercive steps shall be taken against the applicants. With the above direction the application is finally disposed of. Order Date :- 13.1.2010 N.A.