Court No. - 85
Case :- APPLICATION U/S 482 No. - 13663 of 2021 Applicant :- Rahul Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dilip Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Crl. Case No. 104 of 2019 (State Vs. Jauni Chauhan and others) arising out of Case Crime NO. 138 of 2019, under sections 147, 148, 149, 452, 323, 427, 504, 506 IPC and section 3(1)V SC/ST Act, P.S.
Hastinapur, District Meerut pending in the Court of Special Judge SC/ST Act Meerut as well as charge-sheet dated 247 of 2019 and cognizance order dated 5.10.2019.
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 and in view of the entire facts and circumstances of the case, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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 applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
However, as requested, the applicants are permitted to appear before the concerned court within a month from today and move an application claiming discharge. The concerned court shall after hearing, decide the application on merits, in accordance with law, within a period which shall not exceed a period of three months from today.
Order Date :- 12.8.2021 RPD