Court No. - 51
Case :- APPLICATION U/S 482 No. - 9789 of 2018 Applicant :- Harcharan Ahirwar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Satyendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The only prayer made in the present application under Section 482 Cr.P.C. is for a direction to be issued to the court concerned to decide the bail application of the applicant in case crime no. 18 of 2018, U/s 323, 504, 427, 435, 436 IPC, P.S. Bar, District Lalitpur pending in the concerned court below.
Without expressing any opinion on the merits of the case, it is directed that in case the applicant appears and surrenders before the courts below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided on its own merits 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 or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the courts below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid direction, the application U/s 482 is disposed off finally.
Order Date :- 30.3.2018 Kuldeep