Court No. - 80
Case :- APPLICATION U/S 482 No. - 11342 of 2021 Applicant :- Tula Ram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Singh Digitally signed by RAJIV GUPTA Date: 2021.08.13 16:43:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
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 with a prayer to quash the entire proceedings of Criminal Case No. 2415228 of 2019 (State Vs. Tula Ram), arising out of Case Crime No. 1282 of 2016, under Sections 452, 323, 504 IPC, Police Station Sikandara, District Agra, pending in the court of Special Chief Judicial Magistrate, Agra.
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, it is directed that if the applicant appears before the court below within one month from today and applies for bail, his prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of one month from today or till the applicant appears 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 observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 13.8.2021 Nadim