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[Cites 11, Cited by 2]

Allahabad High Court

Dhruv Narain Singh And 5 Others vs State Of U.P And 2 Others on 25 March, 2021

Author: Pankaj Bhatia

Bench: Pankaj Bhatia





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 77
 
Case :- APPLICATION U/S 482 No. - 4267 of 2021
 
Applicant :- Dhruv Narain Singh And 5 Others
 
Opposite Party :- State Of U.P And 2 Others
 
Counsel for Applicant :- Nagendra Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pankaj Bhatia,J.
 

Having heard the learned counsel for the applicants, learned AGA and perusing the material available on record, I do not see any merit in the present application warranting any interference by this Court.

At this stage, the learned counsel for the applicants made a prayer that the bail application of the applicants in Case Crime No. 539 of 2020, under Sections 147, 452, 427, 323, 504, 506, 188 IPC, Section 51 of Apada Prabandhan Adhiniyam and Section 3(1)da, dha of SC/ST Act, P.S. Kasia, District Kushinagar, may be ordered to be considered expeditiously, if possible, on the same day by the concerned Court below where the said case is pending.

Considering the facts and circumstances of the case and the prayer so made by the learned counsel for the applicants, the application is finally disposed off with a direction that in case the applicants surrender before the Court below within a period of 45 days from today and apply for bail, their bail application shall be considered and decided expeditiously preferably on same day in view of the settled law laid down by the Seven Judges' decision of this Court 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 Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor.

For a period of 45 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against the applicants. If the bail application cannot be disposed off on the same day, the Court will consider granting of interim bail till the disposal of the final bail application. However, in case, applicants do not appear before the Court below within the aforesaid period, interim order shall stand vacated automatically.

Order Date :- 25.3.2021 S. Rahman