Court No. - 40 Case :- APPLICATION U/S 482 No. - 21538 of 2010 Petitioner :- Ghanshyam Shahi @ Bharat Shahi And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- Arvind Kumar,Vijay Kumar Rai Respondent Counsel :- Govt Advocate Hon'ble Virendra Singh,J.
Heard learned counsel for the applicants, learned A.G.A and perused
the record.
This present application under Section 482 Cr.P.C has been filed to
direct the courts below that in case the applicants surrender and
make application for bail in case crime no. 53 of 2006, under
sections 323, 504, 506 IPC and section 3 (i) (x) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities Act, P.S.
Kotwali Deoria, District Deoria.
After hearing learned counsel for the applicants’ side and learned
A.G.A from respondent’s side and perusal of the entire record, facts
and circumstances on record for the prosecution case of the
respondent’s side and the grounds mentioned in the application
nowhere revealed any good ground for interference by this Court to
prevent the abuse of the process as per provisions of Section 482
Cr.P.C. alleged through the impugned order. Therefore, I do not find
it a fit case for quashing the impugned order. Hence, this application
is hereby disposed of finally with a direction that if the applicants
appear and surrender before the court below within one month from
today and apply for bail, their bail application shall be considered
and disposed of expeditiously, if possible, on the same day, in view
of the principles laid down by the Hon’ble Apex Court in the case of
Lal Kamlendra Pratap Singh vs. State of U.P. and Others (2009)
4 SCC Page 437.
For a period of one month from today or till the disposal of the
application for grant of bail, whichever is earlier, no coercive action
shall be taken against the applicants. However, in case, the
applicants do not appear before the court below within the aforesaid
period, coercive action may be taken against the applicants.
Order Date :- 25.6.2010
MTA