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Vaibhav Tiwari And 4 Others vs State Of U.P. And Another on 8 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 70

Case :- APPLICATION U/S 482 No. – 28052 of 2019

Applicant :- Vaibhav Tiwari And 4 Others

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

Counsel for Applicant :- Shilpa Ahuja,Nand Kishor Mishra

Counsel for Opposite Party :- G.A.,Santosh Kumar Singh

Hon’ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicants, Shri Santosh Kumar Singh, learned counsel for the opposite party No.2 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 set aside the charge-sheet dated 8.3.2019 as well as cognizance order dated 7.5.2019 and the entire proceeding of the Criminal Case No.1071 of 2019 (SectionState vs. Vaibhav Tiwari and others), arising out of Case Crime No.0008 of 2018 under Sections 498A, Section323, Section504, Section506 IPC 3/4 DP Act, P.S.-Mahila Thana, District-Hamirpur, pending in the court of CJM, Hamirpur.

The learned counsel for the applicants after advancing his arguments at some length, gave up his challenge to the aforesaid impugned charge-sheet against the applicants and requested to grant some protection, so that applicants may surrender before the court below. The learned counsel for the applicants further stated at the Bar that they are 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.

Considering the prayer made by the learned counsel for the applicants, it is directed that in case, applicants appear before the concerned court below within 45 days from today and apply for bail, the bail application of the 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 applicant.

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

Order Date :- 8.8.2019

LN Tripathi

 

 

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