Ashok And 3 Others vs State Of U.P. And Another
2021 Latest Caselaw 1381 ALL

Citation : 2021 Latest Caselaw 1381 ALL
Judgement Date : 21 January, 2021

Allahabad High Court

Ashok And 3 Others vs State Of U.P. And Another on 21 January, 2021

Bench: Saurabh Shyam Shamshery




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 78
 

 
Case :- APPLICATION U/S 482 No. - 1675 of 2021
 
Applicant :- Ashok And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Krishna Mani
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard learned counsel for applicants and learned A.G.A. for State.

This is an application filed under Section 482 Cr.P.C. challenging charge sheet dated 7.9.2020 being Charge Sheet No.44 of 2020 as well as cognizance order dated 28.10.2020 and entire proceedings of Criminal Case No. 1918 of 2020 (State vs. Gullu Ram and others), arising out of Case Crime No. 26 of 2020, under Sections 332, 504, 147, 148 IPC and Section 5, 26, 63 Indian Forest Act, Police Station - Kone, District - Sonebhadra, pending in the Court of Civil Judge (Junior Division), Judicial Magistrate, Duddhi, Sonebhadra.

Learned counsel for the applicant after arguing for some time, on instructions, submits that applicants do not want to press the aforesaid prayer. However, he submits that in case, applicants surrender before the trial court and file bail application, the same shall be considered and decided expeditiously.

Learned AGA has not opposed the prayer made by learned counsel for the applicants regarding expeditious disposal of bail application.

Accordingly, the prayer made in the application, is hereby, rejected. However, in case, the applicants surrender before the trial court and file bail application, the same shall be considered and decided expeditiously, in accordance with law, considering the judgment passed by the Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Versus State of UP and Ors reported in 2009 (4) SCC 437.

Considering the prevailing situation due to COVID-19 Pandemic as also the undertaking given by applicant, a one time protection for 45 days from today is granted, restraining respondents from taking any coercive action against applicants pursuant to aforesaid criminal case.

With the aforesaid directions, the application is disposed of.

Order Date :- 21.1.2021

Rishabh

[Saurabh Shyam Shamshery, J.]