Disposed

Devesh Kumar and 3 Others v. State of U.P. and Another

Allahabad HC7 Dec 2020A482/14176/2020

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What is this about?

In this Section 482 Cr.P.C. application where the applicant withdrew quashing relief, the High Court directed the Trial Court to decide the bail application expeditiously within 45 days and refrained from coercive action.

What did the court decide?

Applicants to apply for bail before Trail Court within 45 days; bail to be decided expeditiiously; no coercive action for 45 days.

Devesh Kumar and 3 Others Vs State of U.P. and… — Execution and Attachment | Allahabad HC (2020)

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Court No. - 83

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Case :- APPLICATION U/S 482 No. - 14176 of 2020

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Applicant :- Devesh Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Beerendra Pratap Singh,Indra Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Indra Kumar Singh, learned counsel for the applicants and learned AGA for the State.

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The applicants have sought for the following relief in the instant application under Section 482 Cr.P.C.:-

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"quash the entire proceeding of Complaint Case No. 4213 of 2020 (Arvind Kumar Vs. Devesh and Others) under Sections 323, 504, 452, 354, 427 Indian Penal Code, Police Station Nayagaon, District Etah as well as impugned summoning order dated 04.08.2018 and Non Bailable Warrant dated 29.01.2020 passed by Ld. F.T.C. (J.D.) Etah and stay the further proceedings of the aforesaid case."

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Learned A.G.A. submits that prima facie commission of offence is disclosed against the applicants 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 applicants.

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Faced with this, Shri Indra Kumar Singh, learned counsel for the applicants does not press the relief sought in the present application under Section 482 Cr.P.C. He recasts his relief and submits that the applicants will appear before the learned trial court and apply for bail.

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The only prayer made by Shri Indra Kumar Singh, learned counsel for the applicants is that bail application of the

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applicants 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 applicants 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 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 applicants.

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IV. In case the applicants 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.

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Order Date :- 7.12.2020 Dhananjai

Devesh Kumar and 3 Others v. State of U.P. and Another

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Devesh Kumar and 3 Others v. State of U.P. and Another

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