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Ruhul And 6 Others vs State Of U.P. And Another on 8 August, 2019


?Court No. – 70

Case :- APPLICATION U/S 482 No. – 30657 of 2019

Applicant :- Ruhul And 6 Others

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Ajay Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of learned counsel for the parties.

This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the charge-sheet no. 128 of 2019 dated 28.04.2019 and charge-sheet no. 128A of 2019 dated 13.06.2019 arising out of Case Crime No. 914 of 2018 as well as cognizance order dated 1.7.2019 and proceedings of case no. 6014 of 2019 (State Vs. Rahul and others), under Sections 498A, Section420, Section323, Section504, Section307, Section354Kha IPC and 3/4 D.P. Act, Police Station Kharkhauda, District – Meerut pending in the court of Additional Chief Judicial Magistrate, Court No. IV, Meerut.

It is submitted by the learned counsel for the applicant no.1, Rahul, who is husband of opposite party no.2 has already been granted bail.

The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet dated 22.10.2017 against the applicants and requested to grant some protection, so that applicants no. 2 to 7 may surrender before the court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application and prayed that a direction be issued to the courts below to consider and decide the bail application of the applicants expeditiously in accordance with law.

In view of above, relief as claimed in the application is hereby refused.

However, considering the prayer made by the learned counsel for the applicants, it is directed that in case applicants, namely, Bairister, Smt. Mitesh, Lalit Tyagi, Kalpana Tyagi, Priti and Sachin appear before the concerned court below within 45 days from today and apply for bail, the bail application of above named applicants shall be heard and disposed of expeditiously by the courts below in accordance with 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 2005 Criminal Law Journal 755 as well as judgement passed by Hon’ble Apex Court in (2009) 4 Supreme Court Cases, 437 Lal Kamlendra Pratap Singh Vs. State of U.P.

For the period of 45 days from today, no coercive action shall be taken against the applicants.

With the above observations, this application under Section 482 Cr.P.C. is disposed of.

Order Date :- 8.8.2019

AK Pandey



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