In an application under Section 482 Cr.P.C., the applicant withdrew challenges to the charge-sheet and proceedings but sought protection to surrender and expedited bail consideration.
No coercive action for 45 days; direction for expedited bail hearing if applicants appear and apply within 45 days.
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Court No. - 70
Case :- APPLICATION U/S 482 No. - 10279 of 2019
Applicant :- Radhey Shyam Yadav And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet dated 17.12.2018 arising out of Case Crime No.739 of 2018 and proceedings of Criminal Case no.41 of 2019, under Sections 147, 332, 353, 323, 504, 506 I.P.C., Police Station Rohaniya, District- Varanasi, pending in the court of Special Chief Judicial Magistrate, Varanasi.
The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 17.12.2018 and impugned criminal proceedings against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail application of the applicants expeditiously in accordance with law.
Considering the prayer made by the learned counsel for the applicants, it is directed that in case applicants appear before the concerned court below within 45 days from today and applies for bail, the bail application of the applicants shall be heard and disposed of expeditiously by the courts below in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.
For the period of 45 days from today, no coercive action shall be taken against the applicants.
With the above observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 15.3.2019 SKD
Radhey Shyam Yadav And Another
Sanjay Kumar Singh
As recorded by the court registry
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