Court No. - 80
Case :- APPLICATION U/S 482 No. - 13974 of 2021 Applicant :- Shiv Kumar And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This application under Section 482 Cr.PC has been filed by the applicants with the prayer to quash the entire proceedings including charge sheet no.1 of 2020, cognizance order dated 12.5.2021, State Vs. Shiv Kumar & others, under sections 498A, 323, 506 I.P.C. and Section 3/4 of D.P. Act P.S. Aliganj, District Etah, arising out of case crime no. 344 of 2020, pending in the court of A.C.J.M, Court No. 17 Etah.
At the very outset, learned counsel for the applicants 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 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 judgement 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 thirty 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 R