Dinesh And 2 Others vs State Of U.P. And Another
2021 Latest Caselaw 8168 ALL

Citation : 2021 Latest Caselaw 8168 ALL
Judgement Date : 16 July, 2021

Allahabad High Court

Dinesh And 2 Others vs State Of U.P. And Another on 16 July, 2021

Bench: Rajiv Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- APPLICATION U/S 482 No. - 10829 of 2021
 

 
Applicant :- Dinesh And 2 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Vipin Kumar
 
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 by the applicants with the prayer to quash the charge sheet dated 16.1.2018 and cognizance order dated 15.2.2020 as well as entire proceedings of Case No. 264 of 2020 (State Vs. Dinesh and others) arising out of Case Crime No. 879 of 2017, under Sections 323, 504, 506, 354-kha IPC, P.S. Jalesar, District- Etah, pending in the court of Addl. Chief Judicial Magistrate, Jalesar Etah.

At the very outset, learned counsel for the applicants has not pressed the other prayer 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 judgment 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 and in view of the entire facts and circumstances of the case, it is directed that if the applicants appear and surrender before the court below within 30 days 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 30 days from today or till the applicants surrender and applies 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 directions, this application is finally disposed of

Order Date :- 16.7.2021