HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. – 11
Case :- U/S 482/378/407 No. – 5673 of 2019
Applicant :- Amir Khan
Opposite Party :- State Of U.P. Another
Counsel for Applicant :- Pradeep Kumar Mishra
Counsel for Opposite Party :- Govt. Advocate
Hon’ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing the impugned chargesheet in Case Crime No.353 of 2018 under Sections 354 I.P.C. and Section 3 (1) (R) 3 (2) (v) A and Section 7/8 POCSO Act, Police Station Pihani, District Hardoi.
After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to surrender and move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.
Learned A.G.A. has no objection in grant of aforesaid prayer.
In view of above, it is provided that if the applicant surrenders before the courts below within thirty days from today, and applies for bail, his application for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati Another Vs. State of U.P. reported in 2004 (57) ALR 290, as affirmed by Hon’ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
It is made clear that this order shall not be treated as an implied direction of this Court to grant bail to the applicant and the court concerned shall be at liberty to pass appropriate order in accordance to law.
Till the aforesaid period of thirty days, no coercive measures shall be taken against the applicant in the aforesaid case.
In case, applicant fails to surrender before the Courts below, within the stipulated period of thirty days, he will not get benefit of this order.
With above directions this application stands disposed of.
Order Date :- 8.8.2019