Court No. - 85
Case :- APPLICATION U/S 482 No. - 11179 of 2021 Applicant :- Shyam Sundar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Tripathi 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 29.09.2020 and cognizance/ summoning dated 21.11.2020 as well as entire criminal proceedings of Case No. 10809 of 2020 (State vs. Shyam Sundar and others), arising out of case crime no.056 of 2020, under Sections 323, 504, 506, 336, 308 I.P.C., Police Station Babhani, District Sonbhadra, pending in the court of Addl. Chief Judicial Magistrate, Sonbhadra.
Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.
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 their 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, it is directed that if the applicants appear/ surrender before the court below and apply for bail within three weeks from today, their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of three weeks from today or till the applicants appear/ surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 29.7.2021 shiv