Court No. - 68
Case :- APPLICATION U/S 482 No. - 22021 of 2019 Applicant :- Surya Nath Yadav And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Ajay Kumar Pandey,Amit Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants and learned A. G. A. for the State.
This application U/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the impugned summoning order dated 5.4.2019 passed by Judicial Magistrate, Chakia, District Chandauli as well as proceedings of Case No. 1849 of 2018 (Ramvrat Vs. Surya Nath Yadav and others) under Sections 323, 452, 427 IPC, Police Station Chakia, District Chandauli.
Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. The present prosecution launched against the applicants is wholly mala fide as such, the present proceedings are an abuse of the process of the court.
Learned A.G.A., contended that there is no illegality in the impugned order.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against the applicants.
In view of the above, the prayer for quashing the impugned order as well as proceedings of the aforesaid case is refused.
However, none of the aforesaid offences against applicants is punishable with imprisonment for more than seven years. All the materials relevant for disposal of bail application is available on record before trial court/court concerned.
In view of order passed by this Court in the case of Smt. Sakeena and others Vs. State, and another reported in 2018 (2) ACR 2190, it is directed that in case the applicants file their bail application, prayer for bail shall be considered and decided on the same day. If for any reason it is not possible to decide the regular bail application on the same day, then prayer for interim bail shall be considered and decided on the same day.
It is provided that in case, the applicants claim discharge at appropriate stage, the same shall be considered and disposed of as expeditiously as possible in accordance with law, by the court concerned.
It is further provided that if the applicant Nos. 2 and 3 apply for exemption from personal attendance through counsel under Section 205 Cr.P.C., learned trial court shall consider their application sympathetically.
For a period of 60 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them.
With the above directions, this application U/s 482 Cr.P.C., is disposed of.
Order Date :- 31.5.2019 Jaswant