Court No. - 23
Case :- APPLICATION U/S 482 No. - 36833 of 2018
Applicant :- Rajendra And Another
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Sri Ajay Singh Yadav holding brief of Sri Sanjay Kumar Yadav, learned counsel for the applicants, Sri Bhanu Prakash Singh, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the applicants for issuing appropriate direction to the Court below for deciding applicants bail application expeditiously in Case Crime No.0479 of 2017 (State vs. Jaishri and others), under Sections 147,148,308, 452, 323, 504 and 506 IPC, P.S. Mubarakpur, District Azamgarh pending before the Chief Judicial Magistrate, Azamgarh.
Learned counsel for the applicants submits that he does not want to press this application on merit and confines his prayer only to the extent that applicants may be permitted to surrender and move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.
Learned A.G.A. has no objection in grant of aforesaid prayer.
In view of above, it is provided that if the applicants surrender before the courts below within thirty days from today, and apply for bail, their application 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 thirty days, no coercive measures shall be taken against the applicants in the aforesaid case.
In case, applicants fail to surrender before the Courts below, within the stipulated period of thirty days, they will not get benefit of this order.
Applicants are also permitted to move discharge application at appropriate stage, and in case any such application is moved, same shall be heard and decided in accordance with law by means of reasoned and speaking order.
With above directions this application stands
disposed of.
Order Date :- 27.10.2018/A. Tripathi