Court No. - 65
Case :- APPLICATION U/S 482 No. - 16788 of 2019 Applicant :- Gudiya Devi And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajrshi Gupta,Rizwan Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet no. 221 of 2017, dated 5.11.2017 as well as entire proceedings of Case No.600 of 2018, State vs. Gopal Bind and others, arising out of Case Crime No. 1882 of 2017, under Sections 147, 323, 504, 506, 452 I.P.C., P.S.- Kotwali, District- Ballia, which are pending in the court of C.J.M., Ballia.
Heard learned counsel for the applicants and learned A.G.A. Perused the record.
At the very outset, learned counsel for the applicants has not pressed the prayer so far it relates to quashing of the charge sheet as well as entire proceedings of the case. The only submission made by the applicants' counsel is that the applicants want to appear before the court below and get themselves bailed out and in that regard some protective direction may be given.
In view of the submissions made by the applicants' counsel, the prayer for quashing the charge sheet as well as proceedings of the case stands dismissed.
However, it is observed that if the bail has not been obtained as yet, the accused may appear before the court below and apply for bail within four weeks from today. The court below shall make an endeavour to decide the bail application, keeping in view the observations made by the Court in the Full Bench decision of Amrawati and another Vs. State of U.P. 2004 (57) ALR 290 and also in view of the decision given by the Hon'ble Supreme Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC).
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is further clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
With the aforesaid observations this application is finally disposed off.
Order Date :- 26.4.2019 Naresh