Court No. - 85
Case :- APPLICATION U/S 482 No. - 19987 of 2020 Applicant :- Shailesh @ Raka Prajapati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Shri Narendra Kumar Pathak, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the impugned charge sheet dated 15.8.2019 in pursuance of SST No.100 of 2019 arising out of Case Crime No.0055 of 2019, under Sections 147, 148, 149, 323, 354, 504, 506 I.P.C.
and 7 of Law Amendment Act and Section 7/8 of POCSO Act, Police Station- Madhuban, District Mau.
It is submitted by learned Counsel for the applicant that the first information report was lodged under Section 147, 148, 149, 323, 354, 504, 506 I.P.C. and 7 of Law Amendment Act. The applicant has already been granted bail by a co-ordinate Bench of this Court vide order dated 16.4.2019 passed in Criminal Misc. Bail Application No.15448 of 2019, copy of the same has been annexed as Annexure 2 to the affidavit filed in support of this application.
It is further submitted by learned Counsel for the applicant that after investigation charge sheet has been submitted under Sections 147, 148, 149, 323, 354, 504, 506 I.P.C. and 7 of Law Amendment Act and Section 7/8 of POCSO Act.
At this stage, only prayer made by learned Counsel for the applicant is that his bail application under Section 7/8 POCSO Act be considered expeditiously by the court below.
In view of the above, it is provided that in case applicant appears and surrenders before the court below within 45 days from today and applies for bail under Section 7/8 of POCSO Act, the court below shall consider and decide the bail prayer of applicant in view of the settled law laid by this Court in the case of Smt. Amarawati and another v. State of U.P., reported in 2004 (57)ALR 290, as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 3 ADJ 322 (SC). For a period of 45 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. 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 above directions, present application is disposed off. Order Date :- 5.1.2021 S. Singh