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2021 Supreme(All) 558

IN THE HIGH COURT OF ALLAHABAD
GAUTAM CHOWDHARY, J.
Mahendra Singh and Others – Appellants
Versus
State of U.P. and Another – Respondents
Application U/S 482 No. 7118 of 2021
Decided On : 05-08-2021

Advocates:
Advocate Appeared:
For the Appellant : Rajendra Tiwari.

Headnote:

Criminal Procedure Code, 1973 - Section 482 - Quash charge-sheet – Surrender - Counsel for applicants has submitted that he does not want to press other prayers made in the prayer clause and has only made prayer for expeditious disposal of their bail application in view of law laid down in case Amravati – Held, Considering prayer of applicants it is directed that if applicants appear surrender before court below and apply for bail within thirty days from today their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law - Period days from today or till applicants appear surrender and apply for bail whichever is earlier no coercive action shall be taken against them - However in case applicants do not appear before court below within the aforesaid period coercive action shall be taken against them – Appeal Allowed

JUDGMENT :

GAUTAM CHOWDHARY, J.

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

2. This application under section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet in Case No. 4535 of 2020 in Case Crime No. 95 of 2018, under sections 341, 352, 323, 324, 504, 325 IPC, Police Station Chirayakot, District May.

3. 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 their bail application in view of law laid down in the case of Amrawati and Another vs. State of U.P. 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in Lal Kamlendra Pratap Singh vs. State of U.P. 2009 (3) ADJ 322 (SC).

4. Considering the prayer of the applicants, it is directed that if the applicants appear/ surrender before the court below and apply for bail within thirty days from today, their prayer for bail shall be considered and decided as expeditiously as possible in accordance with law.

5. For a period of 30 days from today or till the applicants appear/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.

6. With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed of.

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