Court No. - 80
Case :- APPLICATION U/S 482 No. - 4638 of 2021 Applicant :- Praveen Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Shama Begum,Saurabh Paul Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard Ms. Shama Begum and Shri Saurabh Paul, learned counsel for the applicant, learned AGA for the State, Sri Manish Goyal Addl. Advocate General assisted by Sri Vibhav Anand, counsel for opposite party no. 2 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 29.11.2020, cognizance and summoning order dated 24.12.2020 as well as further proceedings of Case Crime No. 336 of 2019, under Sections 2(b)(i), 2(b)(iii), 2(b)(xi) & 2(b) (xii)/3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Greator Noida, District- Gautam Budh Nagar, pending in the court of Special Judge (Gangster Act), Gautam Budh Nagar.
At the very outset, learned counsel for the applicant has not pressed the other prayer and has only made a prayer for expeditious disposal of her 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 u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 28.7.2021 KU