Court No. - 80
Case :- APPLICATION U/S 482 No. - 10526 of 2021 Applicant :- Merajuddin Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vidya Bhushan Srivastava,Rakesh 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 by the applicant with the prayer to quash the charge sheet dated 9.8.2018 and summoning order dated 9.6.2020 as well as further proceedings of Special Case No. 102 of 2020 (State vs. Merajuddin and others) arising out of Case Crime No. 0317 of 2018, under Sections 147, 452, 323, 504, 506, 354 IPC and 7/8 of POCSO Act, P.S. Kotwali, District- Shahjahanpur, pending in the court of Addl. Sessions Judge, Shahjahanpur, Court No. 8, Shahjahanpur.
At the very outset, learned counsel for the applicant has not pressed the other prayers 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 and in view of the entire facts and circumstances of the case, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of 30 days from today or till the applicant 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 directions, this application is finally disposed of.
Order Date :- 13.8.2021 KU