LALIT KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicants as well as learned A.G.A. and perused the record.

(2.) By means of the present 482 Cr.P.C. application, the prayer sought by the applicants is to quash the entire proceeding of complaint case no.494 of 2020 under Sec. 323, 504, 506, 451 IPC against applicant nos.1 to 4 and under Sec. 323, 504, 506, 452, 379 IPC, against the applicant no.5 police station- Shahganj, District-Jaunpur as well as impugned summoning order dtd. 21/1/2023 passed by Civil Judge, Junior Division/Judicial Magistrate-II, Jaunpur.

(3.) After arguing the case for quite some time at length and pitted against certain observations made by the Court, learned counsel for the applicants himself has given up to address the Court on merits of the case and prayed, that the purpose of his client would suffice, if a direction may be given to the courts below to decide their bail application within specific time frame. Considering the entire facts and circumstances of the case and the arguments advanced, this Court is of the opinion that since learned counsel for the applicants has already given up that he does not want to press the case on merit, in the fitness of circumstances, this 482 Cr.P.C. application stands disposed of with the direction that the court below would extend the benefit of interim bail (if the court concerned deems it fit according to the merit of each case) as contemplated in the law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. after the applicants surrender within two weeks before the court and if their bail applications are filed, the same shall be adjudicated and decided by the courts below with speaking and reasoned order, strictly in accordance with law, in the light of the judgment given by Hon'ble Apex Court in the case of Hussain and another Vs. Union of India reported in (2017) 5 SCC Page-702, relevant extract of which reads as under :-