Rajendra And 2 Others vs State Of U.P. And Another
2021 Latest Caselaw 8892 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 
Case :- APPLICATION U/S 482 No. - 11145 of 2021
 
Applicant :- Rajendra And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Upendra Kumar Pushkar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajiv Gupta,J.

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

This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge-sheet no. 51 of 2020, dated 12.05.2020 as well as cognizance order dated 10.08.2020 passed by learned Judicial Magistrate Atrauli, Aligarh in Criminal Case No.426 of 2020, (State Vs. Rajendra and others), arising out of Case Crime No. 067 of 2020, under Sections 452, 323, 504, 506 IPC, Police Station Polimukimpur, District Aligarh, pending in the court of Judicial Magistrate Atrauli, District Aligarh.

At the very outset, learned counsel for the applicants has submitted that they do not want to press other prayers made in the prayer clause and has only made a prayer for expeditious disposal of their 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/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 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/Rahul.