Court No. - 80
Case :- APPLICATION U/S 482 No. - 15763 of 2021 Applicant :- Mohammad Izhar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravindra Prakash Srivastava 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 order dated 21.11.2019 and entire proceedings of Case No. 2095 of 2017 (State of U.P. Vs. Izhar and others), arising out of Case Crime No. 1638 of 2016, under Section 379 IPC, Sections 3, 57, 70 of U.P. Mines and Minerals (Concession) Rules, 1963 and Sections 4 and 21 of Mines and Minerals Act, 1957, Police Station Mehdawal, District Sant Kabir Nagar, pending in the court of Civil Judge (Sr. Div.)/ Additional Chief Judicial Magistrate, Sant Kabir Nagar.
At the very outset, learned counsel for the applicant has made a statement at the bar that he does not want to press other prayers made in the application and has confined his prayer only to the relief that in case, applicant appears before the court below and applies for bail, his bail application be considered and disposed of at the earliest.
Per contra, learned AGA has opposed for expeditious disposal of bail application of the applicants.
In view of the above statement, it is directed that if the applicant appears/ surrenders before the court below and applies for bail, his prayer for bail be considered and decided expeditiously in accordance with law.
With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 28.10.2021 Nadim