Nirmal Kumar Jain And 3 Others vs State Of U.P. And Another
2021 Latest Caselaw 10608 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 
Case :- APPLICATION U/S 482 No. - 7702 of 2021
 
Applicant :- Nirmal Kumar Jain And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Upendra Upadhyay
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Rajiv Gupta,J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

This application under Section 482 CrPC has been filed with a prayer to quash the charge-sheet no. 256 of 2020, dated 02.04.2020, cognizance and summoning order dated 16.10.2020 and entire proceedings of Criminal Case No. 9402 of 2020 (State Vs. Nirmal Kumar Jain and others), arising out of Case Crime No. 105 of 2020, under Section 504 IPC and Section 3/4 of D.P. Act, Police Station Kotwali Nagar, District Etah, pending in the court of Chief Judicial Magistrate, Etah.

At the very outset, learned counsel for the applicants has submitted that he does not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of his bail application in view of law laid down 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 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.

Considering the prayer of the applicants, it is directed that if the applicants appear before the court below within one month from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed 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).

For a period of one month from today or till the applicants appear and apply for bail, whichever is earlier, no coercive action shall be taken against them. However in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.

With the aforesaid observations, this application under Section 482 CrPC is finally disposed of.

Order Date :- 18.8.2021/Nadim