Allahabad High Court
Vijendra vs State Of U.P. And Another on 17 May, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 92
Case :- APPLICATION U/S 482 No. - 26768 of 2021
Applicant :- Vijendra
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Pankaj Kumar Mishra,Vishveshwar Mani Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Manish Kumar,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Instant petition under Section 482 Cr.P.C. has been preferred by the applicant/petitioner for quashing/setting aside the proceedings of case no. 3607 of 2018, arising out of case crime no. 615 of 2015, under Sections 147, 148, 149, 307, 332, 353, 436, 336 IPC and 7 Criminal Law Amendment Act and Section 3/5 of Prevention of Damage to Public Property Act at Police Station Delhi Gate, District Aligarh as well as for quashing of the charge-sheet No. 748 of 2017 dated 08.08.2017 pending before the court of learned Chief Judicial Magistrate, Aligarh.
After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to move bail application before the court below within three months as the applicant is suffering from serious disease of Cancer since the year 2014 and recently, his condition deteriorated due to COVID-19. In support of his submission, he draws the attention of this Court to the medical prescriptions enclosed with the paper book and the recent prescriptions by filing a supplementary affidavit. It is further submitted that the learned trial court may be directed to decide the bail application of the applicant in the light of the judgment of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 and judgments of Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) & Satender Kumar Antil versus Central Bureau of Investigation and another (Petition for Special Leave to Appeal (Cri) No.5191 of 2021) and till the disposal of bail application, no coercive action shall be taken against the applicant.
Learned AGA has no objection to the prayer made by learned counsel for the applicant.
Looking to the peculiar facts and circumstances of the present case, i.e. the applicant is a patient of serious disease of Cancer from which he is battling from the last more than seven years and as per the recent prescription dated 04.04.2022 of Sir Ganga Ram Hospital, New Delhi which discloses that the applicant had suffered from COVID-19 also and as stated that as present, his condition is not good, as such, three months' time is granted to the applicant to move bail application before the court below, who shall decide the same expeditiously within a period of one month in the light of the judgment of this Court in the case of Amrawati (supra) and the judgments of Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh (supra) and Satender Kumar Antil (supra).
With the aforesaid observation/direction, the present petition is disposed of.
Looking to the medical condition of the applicant, this Court finds it appropriate that till the disposal of bail application, no coercive action shall be taken against the applicant.
Order Date :- 17.5.2022
Nitesh
