Court No. - 85
Case :- APPLICATION U/S 482 No. - 14123 of 2021 Applicant :- Shiv Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet dated 12.2.2021 and cognizance order dated 16.6.2021 as well as entire criminal proceeding of Criminal Case No. 673 of 2021 (State Vs. Shiv Kumar and others) pending in the court of Civil Judge (J.D.), Duddhi, Sonbhadra arising out of Case Crime NO. 80 of 2020, under sections 406, 506 IPC, P.S. Babhani, District Sonbhadra..
At the very outset, learned counsel for the applicants 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 applicants and in view of the entire facts and circumstances of the case, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of 30 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 13.8.2021/RPD