Court No. - 80
Case :- APPLICATION U/S 482 No. - 10749 of 2021 Applicant :- Kamlendra Nath @ Kamlendra Dwivedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Shukla 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 with the prayer to quash the charge sheet dt. 19.8.2019 as well as cognizance order dt. 15.2.2021 and entire proceedings of S.T. No. 127/2021, arising out case crime no. 199/2019, under section 504, 506, 387 I.P.C. and 3 (2) (5) SC/ST Act , P.S. Kaundhiyara, District Allahabad pending in the court of Special Judge, (SC/ST Act), Allahabad.
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/ surrenders before the court below and applies for bail within 30 days from today, his prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of thirty days from today or till the applicant appears/ 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 observations, this application under Section 482 Cr.PC is finally disposed of.
Order Date :- 16.8.2021 R