Court No. - 90
Case :- APPLICATION U/S 482 No. - 18325 of 2020 Applicant :- Sayaram And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Shantam Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Let the Vakalatnama filed on behalf of the opposite party be taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to stay the effect and operation of cognizance and summoning order dated 31.08.2020 passed by learned ACJM, Court No. 7 in Criminal Case No. 6192 of 2020 (State Vs. Sayaram and others) arising out of Case Crime No. 685 of 2019, under Sections- 420, 467, 468, 471 IPC, Police Station- Banna Devi, District- Aligarh, pending in the court of Additional Chief Judicial Magistrate, Court No. 7, District Aligarh.
Learned counsel for the applicants submits that they have been falsely implicated by the police under the alleged sections. It is also submitted by the learned counsel for the applicants that in the application under Section 482 Cr.P.C. No. 18428 of 2020 filed by co-accused Bhoop Singh, another bench of this Court has been pleased to direct, vide order dated 09.12.2020, that if he appears and surrenders before the Court below within 30 days and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court 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. and it has also been directed that for a period of 30 days, no coercive action shall be taken against him.
It is also submitted by the learned counsel for the applicants that the I.O. without having any evidence against the applicants has submitted charge- sheet and the learned court below has summoned the applicants without applying its judicial mind.
In that view of the matter, this application is disposed of finally with direction that if the applicants appear and surrender before the Court below within 20 days and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court 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.
Till then, no coercive measures shall be taken against the applicants. With the aforesaid observations, this application is finally disposed of.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 6.1.2021 LBY