Application under Section 482 Cr.P.C. where counsel withdrew challenge to charge-sheet but sought expeditious bail hearing; court granted 45-day stay on coercive action and directed expedited disposal of bail.
Direction to lower courts to expeditiously hear bail application; 45-day stay on coercive action against applicants.
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Court No. - 70
Case :- APPLICATION U/S 482 No. - 8779 of 2019
Applicant :- Ram Niwas And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rama Shanker Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Sri V.P. Pandey, Advocate has filed his Vakalatnama on behalf of the opposite party no.2, is taken on record.
Counter affidavit dated 25.3.2019 filed on behalf of the opposite party no.2, is also taken on record.
Supplementary affidavit dated 15.3.2019 filed on behalf of the applicant, is taken on record.
Heard learned counsel for the applicants, learned counsel for the opposite party no.2 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 30.10.2018 arising out of Case Crime No. 437 of 2018 and proceedings of Special Case No. 20 of 2019 (State Vs. Ram Niwas and another), under Sections 420 IPC and 3(1) Cha SC/ST Act, Police Station-Kant, District - Shahjahanpur pending in the court of Additional District and Sessions Judge, Court No.2, Shahjahanpur.
The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 30.10.2018 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 apply
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 :- 26.3.2019 AK Pandey
Ram Niwas
Unknown Second Applicant
State Of U.P.
Unknown Second Respondent
Sanjay Kumar Singh
As recorded by the court registry
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