Court No. - 85
Case :- APPLICATION U/S 482 No. - 11761 of 2021 Applicant :- Wali Mohammad And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indrakesh Kumar Sharma,Sanjay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicants, 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 charge-sheet dated 28.5.2018 and cognizance order dated 07.08.2020 as well as entire criminal proceedings of Case No. 3585 of 2020 (State of U.P. Vs. Wali Mohammad and others), arising out of Case Crime No.0142 of 2018, under Sections 147, 323, 504, 506, 427 & 452 I.P.C., Police Station- Mahuli, District- Sant Kabir Nagar, pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar.
At the very outset, learned counsel for the applicants 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 applicants and in view of the entire facts and circumstances of the case, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their 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 applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 12.8.2021/ shiv