Court No. - 70
Case :- APPLICATION U/S 482 No. - 6695 of 2019 Applicant :- Sarfaraj Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashish Dwivedi,Jai Shanker Audichya Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Sri Jai Shanker Audichya assisted by Sri Ashish Dwivedi, learned counsel for the applicant, Sri Sayed Fahim Ahmed,learned counsel for the opposite party no.2 and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties. This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 03.06.2018 arising out of Case Crime No. 748 of 2017, cognizance order dated 01.11.2018 and proceedings of Sessions Trial No. 130 of 2018, under Sections 363, 366, 376D I.P.C. and 5G/6 of Protection of Children from Sexual offence Act, 2012, Police Station-Shahbad, District-Rampur pending in the court of Ist Additional Sessions Judge, Rampur.
The learned counsel for the applicant after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet and impugned criminal proceedings against the applicant and requested to grant some protection, so that applicant may surrender before the court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail application of the applicant expeditiously in accordance with law.
Considering the prayer made by the learned counsel for the applicant, it is directed that in case applicant appears before the concerned court below within 45 days from today and applies for bail, the bail application of the applicant shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 45 days from today, no coercive action shall be taken against the applicant.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 26.2.2019/AKT