Court No. - 85
Case :- APPLICATION U/S 482 No. - 13651 of 2021 Applicant :- Sunil Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, 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 entire proceeding of case No. 577 of 2020 (State Vs. LalJi & others) in Case Crime no. 77 of 2018, under sections 60(1), 63 of U.P. Excise Act & sections 272, 273, 419, 420, 467, 468, 471 IPC, P.S. Deokati, District Ballia as well as Charge sheet dated 5.2.2019 and cognizance order dated 22.09.2020 pending in the Court of Judicial Magistrate-I, Ballia.
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 and in view of the entire facts and circumstances of the case, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his 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 applicant surrenders 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 directions, this application is finally disposed of.
However, as requested, the applicant is permitted to appear before the concerned court within a month from today and move an application claiming discharge. The concerned court shall after hearing, decide the application on merits, in accordance with law, within a period which shall not exceed a period of three months from today.
Order Date :- 12.8.2021 RPD