Court No. - 72
Case :- APPLICATION U/S 482 No. - 16428 of 2021 Applicant :- Harvendra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate for the State/opposite party no.1, and perused the record with the assistance of learned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the order dated 05.03.2021 issuing non-bailable warrant against the applicants, in Case No. 507 of 2020 (CNR No. UPKR040068682020) (State vs Harvendra and others), arising out of Case Crime No. 146 of 2019, under sections 308, 323, 504 IPC, police station Amapur, district Kasganj, pending in the court of Judicial Magistrate, Kasganj.
Learned counsel for the applicants after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid impugned proceedings of case against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned 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 on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously in accordance with law.
Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection in granting protection to them for a short period.
Considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within ten days from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.
For the period of ten days from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 28.10.2021 Sazia