Court No. - 66
Case :- APPLICATION U/S 482 No. - 47184 of 2019 Applicant :- Jhhimmi @ Shani Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed with the prayer that if the applicant moves an application for bail before the courts below, it may be considered on the same day in Case Crime No.090 of 2017 under Sections 323, 504, 506 I.P.C. and 3(1)-Dha of SC/ST Act, P.S.Jansa , District- Varanasi, pending in the court of VI Additional Chief Judicial Magistrate, Varanasi.
At the very out-set learned counsel appearing on behalf of the applicant submits that he does not want to press the principal prayers seeking quashing of the charge sheet and the entire proceedings as have been made in the application nor is inclined to press the prayer seeking stay of the proceedings. He is ready to submit to the jurisdiction of the court, seek bail and accept all the conditions which this Court may deem fit to impose upon him. The only prayer made by the learned counsel for the applicant is that the hearing of the bail application may be done on the same day.
In view of the submission made by the learned counsel for the applicant, the application so far as it relates to seeking quashing of the charge sheet and the entire proceeding and so far as it relates to seeking stay of the proceeding, stands dismissed.
However, it is directed that if the applicant appears and surrenders before the court below within 45 days from today and applies for bail,his prayer for bail shall be considered and decided 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, no coercive action shall be taken against the applicant. 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 observations, this application is finally disposed off.
Order Date :- 19.12.2019 MN/-