Court No. - 69
Case :- APPLICATION U/S 482 No. - 32511 of 2019 Applicant :- Khushdil Yadav @ Panday Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Balbir Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Balbir Yadav, learned counsel for the applicant, Sri Sanjay Singh, learned AGA-Ist, and perused the material brought on record.
The present application under section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 4.7.2019 passed by the Special Judge (Dacoity Affected Area)/Addl. Sessions Judge (FTC), Chitrakoot, in Crl. Misc. Application No. 94/2019 in Special Sessions Trial No. 42/2009, arising out of Case Crime No. 846/2008, under section 307 IPC and 12 Dacoity Affected Area Act, and another Sessions Trial No. 43/2009 arising out of Case Crime No. 847/2008 under section 25 Arms Act and to direct the Special Judge (Dacoity Affected Area)/Addl. Sessions Judge- Chitrakoot to release the applicant on bail in pursuance of the order dated 2.5.2019 passed by this Court in Criminal Appeal No. 4531/2017 (Khusdil @ Pandey v. State of U.P.) with immediate effect.
It is contended by learned counsel for the applicant that court below court has passed the impugned order without application of its mind in a very routine/mechanical manner without going into the facts of the case and prevailing law.
Learned AGA has submitted that the applicant is involved in many different case crime and by different order of the court below, has been convicted and sentenced imprisonment with fine. There is no illegality, incorrectness or impropriety in the order impugned passed by the court below.
After hearing the learned counsel for the applicant, learned AGA and after perusing the order impugned as well as material on record, this Court is of the opinion that learned counsel for the applicant could not point out any good ground which may warrant interference by this Court to quash the order dated 4.7.2019 passed by the Special Judge (Dacoity Affected Area)/Addl. Sessions Judge (FTC), Chitrakoot, in Crl. Misc. Application No. 94/2019 in Special Sessions Trial No. 42/2009, arising out of Case Crime No. 846/2008, under section 307 IPC and 12 Dacoity Affected Area Act, and another Sessions Trial No. 43/2009 arising out of Case Crime No. 847/2008 under section 25 Arms Act and to direct the Special Judge (Dacoity Affected Area)/Addl. Sessions Judge- Chitrakoot to release the applicant on bail in pursuance of the order dated 2.5.2019 passed by this Court in Criminal Appeal No. 4531/2017 (Khusdil @ Pandey v. State of U.P.) with immediate effect.
Present application lacks merit and accordingly prayer is rejected. No order as to costs.
Order Date :- 26.8.2019 ssm