Court No. - 35
Case :- APPLICATION U/S 482 No. - 9596 of 2018 Applicant :- Rajveer And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lal Prabhakar Singh,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Harkauli,J.
Heard learned counsel for the petitioners, learned AGA and perused the record.
This petition has been filed with the prayer to quash the impugned Charge-Sheet dated 20.12.2016 arsing out of Case Crime No.620 of 2016 under sections 147, 148, 323, 324, 325, 308 IPC, P.S. Islam Nagar, District Budaun.
Learned counsel for the petitioners confines his prayer to the extent that in case the petitioners surrender before the learned Court below within a period of 30 days from today and move a bail application, the same be considered in the light of the principles laid down in the case of Smt. Amrawati and another Vs. State of U.P. 2005; Cr.L.J.755, which has been affirmed by Hon'ble the Apex Court in Lal Kamlendra Pratap Singh Vs. State of Uttar Pradesh and Ors. reported in (2009) 4 SCC 437.
The petition is finally disposed of with directions to the learned Court below that if the petitioners surrender before the said Court within 30 days from today and move the bail application, the same be considered in the light of principles laid down in the case of Smt. Amrawati and another Vs. State of U.P. 2005; Cr.L.J.755, which has been affirmed by Hon'ble the Apex Court in Lal Kamlendra Pratap Singh Vs. State of Uttar Pradesh and Ors. reported in (2009) 4 SCC 437.
For a period of thirty days, no coercive measure shall be taken to secure the attendance of the petitioners before the learned court below and in case of default, the learned court below shall be at liberty to proceed against the petitioners in accordance with law.
With the above observations, the petition is disposed of.
Order Date :- 23.3.2018 VNP/-