In an application under S. 482 CrPC, the court rejected the prayer for interference in the pending proceedings but directed that if the applicant surrenders and applies for bail within 45 days, it shall be considered expeditiously.
Direction to consider bail application expeditiously if applicant surrenders and applies for bail within 45 days.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 18155 of 2020 Applicant :- Pintu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Having heard the learned counsel for the applicant, learned AGA and perusing the material available on record, I do not see any merit in the present application warranting any interference by this Court.
At this stage, the learned counsel for the applicant made a prayer that the bail application of the applicant in Case Crime No. 151 of 2019, under Sections 504, 506 IPC and Section 3(1) Dha of SC/ST Act, P.S. Saini, District Kaushambi, may be ordered to be considered expeditiously, if possible, on the same day by the concerned Court below where the said case is pending.
Considering the facts and circumstances of the case and the prayer so made by the learned counsel for the applicant, the application is finally disposed off with a direction that in case the applicant surrenders before the concerned Court below within a period of 45 days from today and applies for bail, his bail application shall be considered and decided expeditiously preferably on same day in view of the 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 2004 (57) ALR-290 as well as judgement passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor.
For a period of 45 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, applicant does not appear before the Court below within the aforesaid period, interim order shall stand vacated automatically.
Copy of the order downloaded from the official website of the Allahabad High Court shall be accepted as a true copy of this order.
Order Date :- 5.1.2021/S. Rahman
1 issue framed by the court
Whether bail application in case of State of U.P. may be considered expeditiously if applicant surrenders and applies within 45 days.
Colour shows how this judgement treated each authority
Amrawati and another Vs. State of U.P.Relied on¶6
2004 (57) ALR-290
Lal Kamlendra Pratap Singh Vs. State of U.P.Referred¶6
2009 (3) ADJ 322 (SC)
1 provisions across 1 enactments
Pintu
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
