Court No. - 45
Case :- APPLICATION U/S 482 No. - 38430 of 2018 Applicant :- Baijanti Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishnaji Khare,Mrityunjay Khare Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482, Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No.1539 of 2017 (State Vs. Bechan Ram and others) including charge sheet No.A-53 of 2017, arising out of Case Crime No.23 of 2017, under Sections 419, 420, 467, 468, 471, IPC, P.S. Zamania, District Ghazipur, pending before the Additional Chief Judicial Magistrate, Ghazipur.
Learned counsel for the applicant submits that the applicant has been falsely implicated by the police under the alleged sections.
In that view of the matter, she is permitted to move discharge application through counsel before the trial court and the trial court shall decide the same within a period of one month from the date of production of a certified copy of this order.
Till the discharge application is decided, no coercive measure shall be taken against the applicant.
However, in case discharge application is rejected, the applicant is at liberty to appear and surrender before the courts below within three weeks thereafter and apply for bail. Her bail application shall be considered and decided in view of the settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati 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 Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (322) (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence.
The applicant being lady, court below shall consider her bail application in accordance with the provisions of Section 437(2), Cr.P.C.
The application stands disposed of.
Order Date :- 30.10.2018 T. Sinha