Court No. - 77
Case :- APPLICATION U/S 482 No. - 19613 of 2020 Applicant :- Smt. Sunita Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Kushwaha,Prakhar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Having heard the learned counsel for the applicants, learned AGA and perusing the material available on record, I do not see any merit in the present application warranting any interference by this Court.
At this stage, the learned counsel for the applicants made a prayer that the bail application of the applicants in SST No. 137 of 2019, under Sections 323, 504, 506, 427 I.P.C & Section 3 (1) (X) of the SC/ST Act, Police Station Kokti, District Ballia may be ordered to be considered expeditiously, if possible, on the same day by the concerned Court below where the said case is pending.
Considering the facts and circumstances of the case and the prayer so made by the learned counsel for the applicants, the application is disposed of finally with a direction that in case the applicants surrender before the concerned Court below within a period of 45 days from today and apply for bail, their bail application shall be considered in accordance with law and decided expeditiously preferably on same day in view of the settled law laid down by the Seven Judges' decision of 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 reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor.
For a period of 45 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against the applicants. However, in case, applicants do not appear before the Court below within the aforesaid period, interim order shall stand vacated automatically.
Copy of the order downloaded from the official website of the Allahabad High Court shall be accepted as a true copy of this order.
Order Date :- 5.1.2021 vinay