Court No. - 44
Case :- APPLICATION U/S 482 No. - 38803 of 2018 Applicant :- Radhey Shyam Opposite Party :- State Of Up And Another Counsel for Applicant :- Prem Prakash Counsel for Opposite Party :- G.A.
Hon'ble Daya Shankar Tripathi,J.
Heard learned counsel for the applicant and learned AGA.
I do not find any merit in this application warranting interference by this Court.
At this stage the learned counsel for the applicant made a prayer that the bail application of the applicant in Complaint Case No. 2322 of 2017, under Sections 323, 504, 452, 354 IPC Police Station Kotwali Katra, District Mirzapur, may be ordered to be considered expeditiously, if possible on the same day by the Court below.
After hearing learned counsel for the applicant and learned A.G.A. this application is finally disposed of with a direction that if the applicant appears and surrenders before the Courts below within 30 days from today and applies for bail, then his bail application shall be considered and decided expeditiously, preferably on the same day, in view of the settled law laid down by the Seven Judges' decision of this Court 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 Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor. For a period of 30 days from today or till applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, applicant does not appear before the Court below within the aforesaid period, interim order shall stand vacated automatically.
Order Date :- 27.10.2018 V.S.Singh