Court No. - 77
Case :- APPLICATION U/S 482 No. - 26700 of 2021 Applicant :- Ramesh Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar Patel,Hemant Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Hemant Kumar Srivastava, learned counsel for the applicants, learned Additional Government Advocate for the State-respondent and also perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants, namely, Ramesh Yadav, Premnath and Tetra, with a prayer to quash the charge-sheet dated 23.11.2020 in Case No.9252 of 2021 arising out of Case Crime No.661 of 2020, under Sections 323, 324, 504, 506 IPC, Police Station Robertsganj, District Sonbhadra.
At the outset, learned counsel for the applicants gave up his challenge to the aforesaid impugned charge-sheet against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously.
Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period.
In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within four weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.
For the period of four weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, they shall not be arrested in the above case.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 20.12.2021 Siddhant