Court No. - 80
Case :- APPLICATION U/S 482 No. - 11147 of 2021 Applicant :- Vaibhav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvajeet 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 with the prayer to quash the summoning order dated 26.07.2019 and entire proceedings of Complaint Case No. 192 of 2017 in S.S.T. No. 1467 of 2019, under Sections 395, 397 IPC, Police Station Hazratpur, District Budaun, pending in the court of 3rd Additional District Judge and Session Judge/Special Judge (D.D.A.), Budaun.
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/ surrenders before the court below and applies for bail within one month from today, his prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.
For a period of one month from today or till the applicant appears/ 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 observations, this application under Section 482 CrPC is finally disposed of.
Order Date :- 28.7.2021 Rahul.