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Ghanshyam Shahi @ Bharat Shahi And ... vs State Of U.P. And Another

High Court Of Judicature at Allahabad|25 June, 2010

JUDGMENT / ORDER

Heard learned counsel for the applicants, learned A.G.A and perused the record.
This present application under Section 482 Cr.P.C has been filed to direct the courts below that in case the applicants surrender and make application for bail in case crime no. 53 of 2006, under sections 323, 504, 506 IPC and section 3 (i) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, P.S. Kotwali Deoria, District Deoria.
After hearing learned counsel for the applicants' side and learned A.G.A from respondent's side and perusal of the entire record, facts and circumstances on record for the prosecution case of the respondent's side and the grounds mentioned in the application nowhere revealed any good ground for interference by this Court to prevent the abuse of the process as per provisions of Section 482 Cr.P.C. alleged through the impugned order. Therefore, I do not find it a fit case for quashing the impugned order. Hence, this application is hereby disposed of finally with a direction that if the applicants appear and surrender before the court below within one month from today and apply for bail, their bail application shall be considered and disposed of expeditiously, if possible, on the same day, in view of the principles laid down by the Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh vs. State of U.P. and Others (2009) 4 SCC Page 437.
For a period of one month from today or till the disposal of the application for grant of bail, whichever is earlier, 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 may be taken against the applicants. Order Date :- 25.6.2010 MTA
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Title

Ghanshyam Shahi @ Bharat Shahi And ... vs State Of U.P. And Another

Court

High Court Of Judicature at Allahabad

JudgmentDate
25 June, 2010