Heard Mr. Suneel Kumar Mishra for the applicant, and the learned AGA for the respondent no.1 and perused the record.
The applicant's prayer for discharge has not been accepted by the learned Magistrate on the ground that the materials collected during the investigation made out a prima facie case under section 409 IPC.
In view of the fact that the finding of the learned Magistrate is based on materials collected during the investigation, I do not find proper to interference in this matter. However, it is provided that in case the applicant Chaturgovind Dwivedi appears before the courts below within thirty days from today and applies for bail in the case no.2108 of 2007,State vs. Chaturgovind Dwivedi & others, his bail prayer shall be considered and disposed of expeditiously by the courts below in the light of the principles laid down by the Seven Judge Bench of this Court in Amrawati and another vs. State of U.P., 2004 (57) ALR 290, as affirmed by the apex court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (2) Crime 4 (SC).
Till the surrender of the applicant before the court or expiry of the aforesaid period of thirty days, whichever is earlier, the non bailable warrant shall be kept in abeyance.
With the aforesaid observations, the petition is disposed of finally.
Order Date :- 24.3.2011 RKSh