Court No. - 44
Case :- APPLICATION U/S 482 No. - 13637 of 2018 Applicant :- Omkar And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hari Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Hari Prakash Mishra, learned counsel for the applicants and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 3.2.2018 passed by the Civil Judge (S.D.) Fast Track Court/Additional Chief Judicial Magistrate, Etah, in Complaint Case No. 819 of 2017 (Avnish Kumar Vs. Omkar and others), under sections 323, 452, 504, 506 IPC, P.S. Raja Ka Rampur, District Etah, as well as the entire proceedings of the above mentioned complaint case.
From the perusal of the record, it appears that in the incident, which is alleged to have occurred on 15.12.2015 at around 9.00 a.m. Rai Singh and Bhuwnesh Kumar have sustained injuries, their injury reports are also on the record as Annexure No. 2 to the affidavit. Therefore, Rai Singh and Bhuwnesh Kumar fall in the category of an injured witness and their testimony is credible and cannot be discarded on trivial grounds.
In view of the aforesaid fact, no case for interference is made out in the present application.
Learned counsel for the applicants submits that some direction be issued to the Court below to decide bail application of the applicants expeditiously.
Considering the facts and circumstances of the case, it is directed that in case the applicants surrender before the court below and apply for bail within a period of two months, the court below shall decide the bail application of the applicants expeditiously in the light of the observations made by this Court in Brahm Singh and others Vs. State of U.P. and others reported in 2016 (7) ADJ 151.
With the aforesaid observations, the present application is disposed of.
Order Date :- 24.4.2018 HSM