Single judge directed concerned court to consider bail application on merits citing precedents. Granted 45-day stay on coercive steps. Disposed of Section 482 Cr.P.C. application.
Stay on coercive steps for 45 days; Section 482 application disposed of.
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Court No. - 4
Case :- APPLICATION U/S 482 No. - 4747 of 2005
Applicant :- Shashank Chandak Opposite Party :- State Of U.P. And Another Counsel for Applicant :- P.C. Srivastava Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ajit Kumar,J.
The present 482 Cr.P.C. application has been filed to quash the chargesheet as well as the entire proceedings arising out of Case Crime No. Nil of 2003 under Sections 420, 467, 468, 471 I.P.C. Police Station Civil Lines, District Budaun, pending in the court of Chief Judicial Magistrate, Budaun.
At the very outset, learned counsel for the applicant states that the applicant wants to surrender before the Court and obtain bail and participate in and cooperate with the trial.
I hereby direct court concerned to consider the bail application on its own merit and dispose of the same keeping in view the principles laid down by the Full Bench of this Court 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.
In the interest of justice, it is hereby provided that keeping in view of the undertaking given on behalf of the applicant, no coercive steps shall be taken against the applicant for a period of 45 days from today in pursuance of the criminal proceedings in question.
This application, accordingly, stands disposed of.
Order Date :- 10.12.2018 Darpan Sharma
2 issues framed by the court
Whether to quash the chargesheet and proceedings in a criminal case under Sections 420, 467, 468, 471 IPC
Whether to grant coercive steps relaxation for 45 days considering bail undertaking
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Referred¶7
2004 (57) ALR 290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶7
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Shashank Chandak
State Of U.P.
Ajit Kumar
As recorded by the court registry
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