Court No. - 25
Case :- APPLICATION U/S 482 No. - 30348 of 2018 Applicant :- Raj Kumar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Sri Shams Uz Zaman, learned counsel for the applicants, Sri Abhinav Anand Singh, learned counsel for the State of U.P. and perused the record.
This application under Section 482 Code of Criminal Procedure, 1973 (in short as Cr.P.C.) has been filed by the applicants for quashing the charge sheet dated 10.06.2018 in Case Crime No. 610 of 2018, under Sections 323, 504, 324 IPC and 3 (2) (va) SC/ST Act, Police Station Badaout, District Baghpat, pending in the Court of A.D.J. SPL SC/ST Act, District Baghpat.
After some arguments, learned counsel for the applicants has submitted that he confines his prayer to the extent that the courts below be directed to consider the bail application of the applicants expeditiously in accordance with law, to which learned A.G.A. has not objection.
In view of aforesaid and without expressing any opinion on the merits of the case, this application is disposed of with the direction that if the applicants surrender before the courts below within four weeks from today and apply for bail, their prayer for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Another Vs. State of U.P. reported in 2004 (57) ALR 290, as affirmed by Hon'ble Apex Court in the Case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
Till the aforesaid period of four weeks, no coercive measures shall be taken against the applicants in the aforesaid case.
It is made clear that this order shall not be treated as an implied direction of this Court to grant bail to the applicants and the trial court shall be at liberty to pass appropriate order in accordance with law.
Order Date :- 7.9.2018 Monika