Court No. - 80
Case :- APPLICATION U/S 482 No. - 5449 of 2021 Applicant :- Sanjay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arif Ikbal Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State/ opposite party no.1, Shri Narendra Kumar Tiwari, learned counsel for the opposite party no.2 and perused the record.
This application under Section 482 CrPC has been filed with a prayer to quash the charge-sheet no. 01 of 2018, cognizance order dated 05.12.2018 and entire proceedings of Criminal Case No. 918 of 2018 (State Vs. Sanjay Kumar), arising out of Case Crime No. 250 of 2018, under Section 135 of Electricity Act, Police Station Ahraura, District Mirzapur, pending in the court of Special Judge (E.C. Act), Mirzapur.
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 before the court below within one month from today and applies for bail, his prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed 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).
For a period of one month from today or till the applicant appears 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 CrPC is finally disposed of.
Order Date :- 30.7.2021 Nadim