Disposed

Harvir and 4 Others v. State of U.P. and Another

Allahabad HC8 Dec 2020A227/2374/2020

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What is this about?

In an application under Article 227, the court directed the petitioners to apply for bail within 45 days. It mandated the trial court to decide such applications expeditiously following Supreme Court guidelines and stayed coercive action pending compliance or recall.

What did the court decide?

Petitioners directed to apply for bail within 45 days; trial court to decide expeditiously; no coercive action for 45 days.

Harvir and 4 Others Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2020)

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Court No. - 83

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Case :- MATTERS UNDER ARTICLE 227 No. - 2374 of 2020

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Petitioner :- Harvir And 4 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Ram Kumar Counsel for Respondent :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Ram Kumar, learned counsel for the petitioners and learned AGA for the State.

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The petitioners have sought for the following relief in the instant application under Article 227.:-

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"I. Setting aside the impugned order dated 15.01.2020 passed by the learned Additional Session Judge, Court No. 5, Mathura in Criminal Revision No. 05 of 2019 (Harvir and others Vs. State of U.P. and another).

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II. Setting aside the order dated 03.05.2016 passed by Additional Chief Judi9cial Magistrate Court No. 2, Mathura in Case No. 2039 of 2014 (Smt. Rajwati Vs. Harvir and Others)."

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Learned A.G.A. submits that prima facie commission of offence is disclosed against the petitioners from the material in the record. Learned trial court has accorded full consideration to the evidence in the record and has also found that a prima facie offence is made out against the petitioners.

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Faced with this, Shri Ram Kumar, learned counsel for the petitioners does not press the relief sought in the present matter under Article 227. He recasts his relief and submits that the petitioners will appear before the learned trial court and apply for bail.

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The only prayer made by Shri Ram Kumar, learned counsel for the petitioners is that bail application of the petitioners may be decided expeditiously.

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In view of the submissions made by the learned counsel for the parties, this application is disposed of with the following directions:

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I. The petitioners will appear before the learned trial court within a period of 45 days and apply for bail.

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II. In case the bail application is filed within the aforesaid period, the learned trial court shall decide the bail application

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expeditiously in the light of law laid down by this Court in Amrawati and another Vs. State of U.P. reported at 2004 (57) ALR 290 as well as judgement entered by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. reported at 2009 (3) ADJ 322 (SC).

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III. For a period of 45 days no coercive action shall be taken against the petitioners.

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IV. In case the petitioners do not apply for bail in the aforesaid period of 45 days, this order shall stand automatically recalled without recourse to this Court. The learned trial court shall proceed thereafter in accordance with law. Order Date :- 8.12.2020 Dhananjai

Harvir and 4 Others v. State of U.P. and Another

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Harvir and 4 Others v. State of U.P. and Another

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