Court No. - 77
Case :- APPLICATION U/S 482 No. - 1041 of 2021 Applicant :- Madan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Having heard the learned counsel for the applicant, learned AGA and perusing the material available on record, I do not see any merit in the present application warranting any interference by this Court.
At this stage, the learned counsel for the applicant made a prayer that the bail application of the applicant in Special case no. 394 of 2020, State Vs. Madan, in case crime no. 440 of 2020, under Sections 323, 504, 506 IPC and 3(1)(r) and 3(1) (s) of SC/ST Act, P.S. Dhanghata, District Sant Kabir Nagar, may be ordered to be considered expeditiously, if possible, on the same day by the concerned Court below where the said case is pending.
Considering the facts and circumstances of the case and the prayer so made by the learned counsel for the applicant, the application is disposed of finally with a direction that in case the applicant surrender before the concerned Court below within a period of 45 days from today and applies for bail, his bail application shall be considered in accordance with law and decided expeditiously preferably on same day in view of the 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 2004 (57) ALR- 290 as well as judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor.
For a period of 45 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, applicant does not appear before the Court below within the aforesaid period, interim order shall stand vacated automatically.
Copy of the order downloaded from the official website of the Allahabad High Court shall be accepted as a true copy of this order.
Order Date :- 18.1.2021 pks