Gajendra v. State of U.P. and Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 38219 of 2023 Applicant :- Gajendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal,Alok Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the applicant and learned A.G.A for the State-respondents.

¶2The applicant has preferred the present Application under Section 482 of Code of Criminal Procedure, 1973 for quashing the entire proceedings of Case No. 340 of 2012 (State vs. Gajendra and others), arising out of Case Crime No. 18 of 2012, under Sections 147, 332, 504 I.P.C., Police Station Khandauli, District Agra pending before the court of Additional Civil Judge (J.D.)-I, Agra, with a further prayer to stay the proceedings of the aforesaid case.

¶3After some arguments, learned counsel for the applicant has not pressed the relief as sought by means of this application on merits, prayed for issuance of directions to the court below to decide the bail application of the applicant and prayed that applicant be permitted to file bail application before the court below.

¶4This prayer has not been opposed by the learned A.G.A.

¶5Heard learned counsel for the parties present and perused the record.

¶6Considering the aforesaid alternative prayer of the applicant, it is directed that applicants shall surrender before the concerned Court below within a period of three weeks from today and in case applies for bail, the bail application shall be decided expeditiously by the courts below in accordance with law laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922.

¶7For the period of three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, no coercive action shall be taken against him.

¶8With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 13.10.2023 Swati High Court of Judicature at Allahabad