Court No. - 80
Case :- APPLICATION U/S 482 No. - 13291 of 2021 Applicant :- Brijesh Kumar Gautam Opposite Party :- State Of U.P Counsel for Applicant :- Amar Chandra,Sunil Kumar
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with a prayer to quash the charge-sheet no. 414 of 2019 dated 02.11.2019, summoning order dated 06.02.2021 and entire proceedings of Criminal Case No. 1097 of 2021 (State Vs. Brijesh Kumar Gautam), arising out of Case Crime No. 189 of 2019, under Sections 292, 500, 504, 506, 509 IPC and Section 67 of I.T. Act, Police Station Roja, District Shahjahanpur, pending in the court of Chief Judicial Magistrate, Shahjahanpur.
At the very outset, learned counsel for the applicant has submitted that he does not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of his 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 applicant, it is directed that if the applicant appears before the court below within one month from today and applies for bail, his prayer for bail shall be considered and decided in view of settled law laid down by 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 in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of one month from today or till the applicant appears and applies for bail, whichever is earlier, no coercive action shall be taken against him. However in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 30.7.2021/Nadim Digitally signed by Justice Rajiv Gupta Date: 2021.08.02 14:07:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad