Jai Singh And 3 Others vs State Of U.P. And Another
2016 Latest Caselaw 5047 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 21518 of 2016
 

 
Applicant :- Jai Singh And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Dr. Akhilesh Kumar
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Raghvendra Kumar, J.

Heard learned counsel for the applicant and learned A. G. A. for the State of U. P. and perused the material available on record.

Applicants have invoked the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to set aside the impugned the charge sheet no. 163 of 2015 dated 19.12.2015 arising out of Case Crime No. 106 of 2015 under Sections 308, 325, 324, 323, 504, & 506  IPC, P. S. Samsabad, District - Agra, pending in the Court of Additional Chief Judicial Magistrate, Court No. 8, Agra, as well as to stay the entire proceedings of the aforesaid case.

After arguing at some length, learned counsel for the applicants submits that he does not want to press this application on merits and confines his prayer only to the extent that necessary direction may be issued to the court below for expeditious disposal of bail.

Learned A.G.A. has no objection to the prayer so made.

I have very carefully examined the submissions advanced by the learned counsel for the applicants and gone through the record. The prayer for quashing the charge sheet is hereby refused.

However, in case the applicant moves surrender and bail application before the Courts below within a period of 30 days from today, the same shall be considered and decided expeditiously by the learned Court below bearing in mind the various propositions of law and guidelines laid down by this Court as well as by the Hon'ble Apex Court from time to time through various pronouncements, if possible, on the same day. Till then, no coercive measures shall be taken against the applicant in the above mentioned case. It is also made clear that no further time would be extended for surrender and bail. This order shall not be treated as an implied direction of this Court to grant bail. The bail prayer shall be considered by the Court concerned in accordance with law.

Application/petition stands disposed of with the observations made above.

Order Date :- 09.08.2016.

Vinod.