Allahabad High Court
Chandu @ Chandrabhan vs State Of U.P. And Another on 13 January, 2020
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- APPLICATION U/S 482 No. - 1647 of 2020 Applicant :- Chandu @ Chandrabhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. Arun Kumar Singh, learned counsel for applicant and learned A.G.A. for State.
This application under section 482 Cr. P. C. has been filed challenging order dated 22.10.2019 passed by Special Judge (SC/ST Act), Jhansi, in Special Trial No. 86 of 2014, (State Vs. Deep Chandra @ Deepu and others), under Sections 323/34, 325/34, 504, 506 IPC and Section 3 (1) (X) SC/ST Act, P.S. Uldan, District Jhansi, arising out of Case Crime No. 70 of 2013, under Sections 147, 307, 325, 323, 504, 506 IPC and Sections 3 (1) (X) SC/ST Act, P.S. Uldan, District Jhansi, whereby present applicant has been summoned under Section 319 Cr. P. C. to face trial in above mentioned sessions trial.
At the very outset, learned counsel for applicants submits that interest of justice shall be served in case a direction is issued to the Court below to decide the bail application of applicant.
Considering the above, it is, hereby, directed that in case applicant surrenders before Court below on or before 29.02.2020, bail application of applicant shall be considered and disposed of by Court below in the light of the laid down by this Court in the case of Brahm Singh and others Vs. State of U.P. and others reported in 2016 (7) ADJ 151. Till 29.02.2020, no coercive action shall be taken against the applicant. However, in case, applicant fails to surrender before the Court below on or before 29.02.2020, then direction issued by this Court to Court below to decide bail application of applicant in the light of law noted above and further interim protection granted to the applicant both shall stand recalled. Court below shall thereafter be free to proceed against the applicant in accordance with law.
With the aforesaid observations, the present application stands finally disposed of.
Order Date :- 13.1.2020 HSM