Shiv Kumar Gupta & Another vs State Of U.P. & Another
2019 Latest Caselaw 6419 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- U/S 482/378/407 No. - 5491 of 2019
 

 
Applicant :- Shiv Kumar Gupta & Another
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Satish Kumar Sharma
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the summoning order dated 28.05.2019 passed by II Additional Sessions Judge/ Special Judge (SC/ST Act), Lakhimpur Kheri in Case No. 28 of 2017 (Kalika Vs. Shiv Kumar Gupta & Ors.), under Sections 323, 504 and 506 I.P.C. and under Section 3(1)(dha) of SC/ST Act, P.S. Isha Nagar, District Kheri.

After arguing the matter up to some length, learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicants may be permitted to surrender and move bail application before the court concerned and suitable directions may be issued that the same may be heard and decided expeditiously, in accordance to law.

Learned A.G.A. has no objection in grant of aforesaid prayer.

In view of above, it is provided that if the applicants surrender before the courts below within thirty days from today and apply for bail, their application for bail shall be considered and decided by the court below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Another Vs. State of U.P. reported in 2004 (57) ALR 290, as affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

It is made clear that this order shall not be treated as an implied direction of this Court to grant bail to the applicants and the court concerned shall be at liberty to pass appropriate order in accordance to law.

Till the aforesaid period of thirty days, no coercive measures shall be taken against the applicants in the aforesaid case.

In case, applicants fail to surrender before the Courts below within the stipulated period of thirty days, they will not get benefit of this order.

With the above directions, this application stands disposed of.

Order Date :- 1.8.2019

VKS