Court No. - 80
Case :- APPLICATION U/S 482 No. - 6385 of 2021 Applicant :- Jugendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Chandra Pandey,Rajiv Kumar Mishra,Sanjay Kumar Mishra 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 CrPC has been filed with the prayer to quash the cognizance/ summoning order dated 16.01.2019 and entire proceedings of Criminal Case No. 356 of 2017 (Jaswant Vs. Jugendra and others), under Sections 376(D), 323 IPC, Sections 3(2)5, 3(1)D, Dha of SC/ST (P.A.) Act, Police Station Ughaiti, District Budaun, pending in the court of Special Judge, SC/ST (P.A.) Act/ Additional Sessions Judge, Budaun.
At the very outset, learned counsel for the applicant has submitted that he does not want to press other prayers made in the prayer clause and 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, it is directed that if the applicant appears before the court below and applies for bail within one month from today, his prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of one month from today or till the applicant appears 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 observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 30.7.2021/Nadim