Court No. - 80
Case :- APPLICATION U/S 482 No. - 6096 of 2021 Applicant :- Shivsadan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application under Section 482 CrPC has been filed with the prayer to quash the impugned charge-sheet dated 04.08.2019, cognizance/ summoning order dated 18.09.2019 and entire proceedings of Special Trial No. 156 of 2019 (State Vs. Shivsadan), arising out of Case Crime No. 160 of 2019, under Sections 323, 504, 506 IPC and Section 3(2)(Va) of SC/ST Act, Police Station Atarra, District Banda, pending in the court of Special Judge (SC/ST Act), Banda.
At the very outset, learned counsel for the applicant 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 applicant, it is directed that if the applicant appears before the court below and applies for bail within one month from today, his prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of one month from today or till the applicant appears and applies for bail, whichever is earlier, no coercive action shall be taken against him. 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 aforesaid observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 30.7.2021 Nadim