Court No. - 45
Case :- APPLICATION U/S 482 No. - 42914 of 2018 Applicant :- Bholanath Bind Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Surya Pratap Singh Parmar 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.1087 of 2018 arising out of Case Crime No.164 of 2014, under Sections 419, 420, 504, IPC, P.S. Unj, District Bhadohi, pending before the Judicial Magistrate, 2nd, Bhadohi at Gyanpur.
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, he 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. His 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 application stands disposed of.
Order Date :- 30.11.2018 T. Sinha