Court No. - 70
Case :- APPLICATION U/S 482 No. - 29300 of 2019 Applicant :- Jitenra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and 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 applicant with a prayer to quash the charge-sheet no. 544 of 2018 dated 4.10.2018 arising out of Case Crime No.382 of 2018 as well as cognizance order dated 17.12.2018 and proceedings of case no. 576 of 2018 (State Vs. Jitendra Kumar), under Sections 498A, 323, 506 IPC and Section 3/4 D.P. Act, Police Station Khair, District -Aligarh pending in the court of Judicial Magistrate Khair, Aligarh.
The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge sheet dated 4.10.2018 against the applicant and requested to grant some protection, so that applicant may surrender before the court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail application of the applicant expeditiously in accordance with law.
Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 45 days from today, no coercive action shall be taken against the applicant.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 30.7.2019 AK Pandey