Court No. - 80
Case :- APPLICATION U/S 482 No. - 13864 of 2021 Applicant :- Surya Bhan Giri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Narain Singh,M.N. Singh 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 by the applicant with the prayer to quash the summoning order dated 17.8.2020 as well as further proceedings of Case No. 7424 of 2020 (State Vs. Surya Bhan Giri) arising out of Case Crime No. 1396 of 2015, under Sections 409, 419, 420, 120-B IPC, P.S. Kasya, District- Kushinagar, pending in the court of Chief Judicial Magistrate, Kushinagar at padrauna.
At the very outset, learned counsel for the applicant has not pressed the other prayers 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.
Order Date :- 12.8.2021 KU