Allahabad High Court
Sanjeev Kumar Agarwal And Others vs State Of U.P. And Another on 21 January, 2010
Author: Vineet Saran
Bench: Vineet Saran
Court No. - 55 Case :- APPLICATION U/S 482 No. - 878 of 2010 Petitioner :- Sanjeev Kumar Agarwal And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Ashutosh Gupta Respondent Counsel :- Govt. Advocate Hon'ble Vineet Saran,J.
Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and have perused the record.
In this application under section 482 Cr.P.C. it is prayed that the courts below be directed to dispose of the bail application of the applicant on the same day in Complaint Case No. 763 of 2005 under sections 406 IPC pending in the Court of Additional Chief Judicial Magistrate-13, Agra.
Considering the facts and circumstances of this case, it is directed that if the applicant moves application for appearance or surrenders before the court concerned within 30 days from today, the court concerned shall fix date on that application for surrender/appearance. In the meantime the court concerned shall seek instruction from the prosecution side. In case the applicant moves the application for bail on the day of appearance or surrender, the same shall be considered and disposed of expeditiously and if possible on the same day by the courts below, keeping in view the law/guidelines laid down in Smt. Amrawati and another vs. State of U.P., 2004(57) ALR 290 and the judgment of Hon'ble Apex Court in Lal Kamlendra Pratap Singh vs. State of U.P. and others, 2009(3) A.D.J.322 (SC) but having regard to the observations made by the Division Bench of this Court in Pradeep Tyagi vs. State of U.P. and others, 2009 (65) ACC 443 and Sheo Raj Singh @ Chhuttan vs. State of U.P. & others, 2009 (65) ACC 781.
It is further provided that for a period of 30 days, no coercive action shall be taken against the applicants.
With the aforesaid direction, this application is finally disposed of.
Order Date :- 21.1.2010 abHiShEk