Balvir Singh and 5 Others v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 39855 of 2023 Applicant :- Balvir Singh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Phool Singh Yadav,Vaibhav Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri Phool Singh Yadav, learned counsel for the applicants, Sri Raj Bahadur Verma, learned A.G.A for the State and perused the record.

¶2The instant application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 05.03.2022 as well as charge sheet dated 05.01.2022 including the proceeding of Case No.521 of 2022 arising out of Case Crime No.291 of 2021, under Sections 147, 323, 504, 506, 325 I.P.C., Police Station-Bithoor, District Kanpur Nagar pending in the court of Additional Chief Metropolitan Magistrate-1st, Kanpur Nagar.

¶3At the very outset, learned counsel for the applicants submits that the applicants do not want to press the prayer for quashing of the proceedings. They wants to surrender before the court and apply for bail. He further submits that this Court may be pleased to direct the court concerned to consider the bail application of the applicants expeditiously within stipulated period of time as may be fixed by this Court.

¶4In view of the aforesaid submissions, the present application is disposed of with the direction that in case, the applicants surrender before the Court concerned and apply for bail within three weeks from today, their bail application shall be considered and decided expeditiously by the court below, in view of law laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922.

¶5For a period of four weeks from today or till disposal of bail application of applicants, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. Order Date :- 30.10.2023 A.Kr. High Court of Judicature at Allahabad