Court No. - 85
Case :- APPLICATION U/S 482 No. - 13529 of 2021 Applicant :- Ram Kisun @ Kisun Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Singh,Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under section 482 Cr.P.C. has been filed with a prayer to set aside the impugned charge sheet dated 7.5.2020 along with cognizance order as well as summoning order dated dated 2.6.2020 passed by Special Judge (SC/ST) Act, Sonbhadra in S.T. No. 197 of 220 arising out of Case Crime No. 39 of 2020 (State Vs. Ram Kisun Yadav), Under section 323, 504 IPC and section 3(1)(da) and 3(1)(Dha) of SC/ST Act, P.S. Ghorawal, District Sonbhadra.
At the very outset, learned counsel for the applicant 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 applicant, it is directed that if the applicant appears/ surrenders before the court below and applies for bail within three weeks from today, his 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 applicant appears/ surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 12.8.2021/RPD