Dinesh Kumar And Another vs State Of U.P. And Another
2021 Latest Caselaw 8891 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- APPLICATION U/S 482 No. - 13003 of 2021
 

 
Applicant :- Dinesh Kumar And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Dileep Kumar Yadav
 
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 dated 25.05.2018, summoning order dated 11.02.2021 and entire proceedings of Case No. 435 of 2020 (State Vs. Dinesh Kumar and another), arising out of Case Crime No. 146 of 2018, under Section 420 IPC, Police Station Asmauli, District Sambhal, pending in the court of Judicial Magistrate Ist, Sambhal.

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 surrender 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 :- 28.7.2021

Nadim