Court No. - 85
Case :- APPLICATION U/S 482 No. - 11123 of 2021 Applicant :- Nirbhay And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babu Lal Ram,Vijay Lal Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application under section 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding of S.T. No. 18 of 2021, in case crime no. 159 of 2020, under Section 354 B IPC and 11/12 of the POCSO Act, P.S. Kotwali Sahar, District Mirzapur as well as cognizance order dated 12.1.2021 and charge sheet dated 25.12.2020.
Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.
At the very outset, learned counsel for the applicants 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 applicants, it is directed that if the applicants appear/ surrender before the court below and apply for bail within three weeks from today, their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of three weeks from today or till the applicants appear/ surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 28.7.2021 A.P. Pandey