Court No. - 53
Case :- APPLICATION U/S 482 No. - 2125 of 2019 Applicant :- Ram Kumar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sudhakar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
This application U/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the entire proceedings of Case No. 510 of 2018 arising out of Case Crime No. 206 of 2016 (State Vs. Ram Kumar and others) under Sections 452, 504, 323, 325 IPC, Police StationDhanari , District Sambhal as well as cognizance order dated 22.9.2016 passed by Additional Civil Judge (Junior Division), (Sahaswan) Badaun.
Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants are wholly mala fide as such, the present proceedings are an abuse of the process of the court.
Learned A.G.A., contended that there is no illegality in passing of the cognizance order.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants.
In view of the above, the prayer for quashing the entire proceedings of the aforesaid case is refused.
However, none of the aforesaid offences against applicants is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
In view of order passed by this Court in the case of Smt. Sakeena and others Vs. State, and another reported in 2018 (2) ACR 2190, it is directed that in case the applicants file their bail application, prayer for bail shall be considered and decided on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then their prayer for interim bail shall be considered and decided on the same day.
For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
With the above directions, this application U/s 482 Cr.P.C., is disposed of. Order Date :- 21.1.2019 Jaswant