Court No. - 70
Case :- APPLICATION U/S 482 No. - 6545 of 2019 Applicant :- Dharmendra Kumar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R.K. Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet arising out of Case Crime No.160 of 2017, cognizance order dated 08.08.2018 and proceedings of Case no.6544 of 2018 (State vs. Dharmendra Kumar and others), under Sections 323, 504, 506 I.P.C & 3(1)(10) SC/ST Act, Police Station Narval, District -Kanpur Nagar, pending in the court of IInd Additional District Judge/Special Judge (SC/ST Act) Kanpur Nagar.
The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet, cognizance order and impugned criminal proceedings against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail application of the applicants expeditiously in accordance with law.
Considering the prayer made by the learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 45 days from today and applies for bail, the bail application of the applicants shall be heard and disposed of expeditiously by the courts below in accordance with 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 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P. Since the applicant no.3 (Surekha) is unmarried girl, therefore, the concerned court below while deciding her bail application may consider the proviso of sub-section 1 of Section 437 Cr.P.C.
For the period of 45 days from today, no coercive action shall be taken against the applicants.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 22.2.2019 SKD