Court No. - 80
Case :- APPLICATION U/S 482 No. - 11153 of 2021 Applicant :- Subhash Chandra Mishra Alias Subash Chandr Mishra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. 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 no. 143 of 2020, dated 15.10.2020 and entire proceeding of Case No.135 of 2021, (State Vs. Subhash Mishra and others), arising out of Case Crime No. 0068 of 2020, under Sections 147, 323, 504, 506, 325, 308 IPC, Police Station Rampur, District Jaunpur, pending in the court of Additional Chief Judicial Magistrate, Court no.15, Jaunpur.
At the very outset, learned counsel for the applicants has submitted that they do 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 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 observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 28.7.2021/Rahul.