Court No. - 53
Case :- APPLICATION U/S 482 No. - 14606 of 2018 Applicant :- Bheem Singh And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri J.B. Singh, learned counsel for the applicants and Sri Shyamdhar Yadav, learned AGA along with Sri Avaneesh Shukla appearing for the State.
Learned counsel for the applicants is permitted to correct the particulars of the case crime in the prayer clause and head of the application, regarding which a supplementary affidavit has been filed.
This is an application filed under Section 482 Cr.P.C. seeking to direct the court below to hear and decide the bail application of the applicants on the same day in added Section 354 IPC in Criminal Case No.1711 of 2016 (State Vs. Bheem Singh and others), arising out of case crime no.143 of 2015, under Sections 147, 148, 149, 452, 354, 307, 323, 504, 506 IPC, Police Station Surajpur, District Gautam Budh Nagar, pending in the court of IIIrd, Additional Chief Judicial Magistrate, Gautam Budh Nagar.
The submission is that the applicants were on bail in the said crime in relation to offences except Section 354 IPC.
Considering the aforesaid fact, in case the applicants surrender before the court below within 45 days from today and apply for bail in the given sections with the offence punishable under Section 354 IPC, the courts below will consider and dispose of the prayer for bail in view of the settled law laid 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 reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today no coercive action shall be taken against the applicants. 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, the application is finally disposed of.
Order Date :- 27.4.2018/Anoop