Arjun vs State Of U.P. And Another
2021 Latest Caselaw 1388 ALL

Citation : 2021 Latest Caselaw 1388 ALL
Judgement Date : 21 January, 2021

Allahabad High Court

Arjun 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. - 988 of 2021
 

 
Applicant :- Arjun
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Chandra Prakash Misra,Prakash Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard Sri Prakash Sharma, learned counsel for applicant and learned A.G.A. for State.

This is an application filed under Section 482 Cr.P.C. challenging charge sheet dated 04.09.2020, cognizance order dated 25.11.2020 and entire proceedings of case arising out of Case Crime No. 44 of 2020, under Sections 323, 325, 354, 504, 506 IPC and Section 7/8 POCSO Act, Police Station Ahirauli Bazar, District Kushinagar, pending in the Court of Special Judge POCSO Act, Court No. 1, Kushinagar at Padrauna.

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

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

Accordingly, the prayer made in the application, is hereby, rejected. However, in case, the applicant surrender before the trial court and files 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 30 days from today is granted, restraining respondents from taking any coercive action against applicant pursuant to aforesaid criminal case.

With the aforesaid directions, the application is disposed of.

Order Date :- 21.1.2021

A.Dewal