Court No. - 80
Case :- APPLICATION U/S 482 No. - 14982 of 2020 Applicant :- Hari Shankar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Saleem Counsel for Opposite Party :- G.A.
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 Cr.PC has been filed by the applicant with the prayer to quash the order dated 30.7.2020 passed by Special Judge, POCSO Act. Ghaziabad in S.T. No. 72 of 2019, State Vs. Kamal and others, arising out of case crime no. 1549 of 2018, under section 323, 504, 506, 376 I.P.C. and 3/4 of POCSO Act P.S. Loni Border, District Ghaziabad pending in the court of Special Judge, POSCO Act Ghaziabad At the very outset, learned counsel for the applicant 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 and in view of the entire facts and circumstances of the case, it is directed that if the applicant appears and surrenders before the court below within 30 days 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 judgement 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 thirty days from today or till the applicant surrenders 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 directions, this application is finally disposed of.
Order Date :- 27.7.2021 R