Court No. - 86
Case :- APPLICATION U/S 482 No. - 13636 of 2021 Applicant :- Jagdish Patel @ Jagdish Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Karan Patel Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
I have heard learned counsel for the applicant as well as learned AGA and have gone through the material available on record carefully This application under Section 482 Cr.P.C. has been filed for a direction to the Court below to decide the bail application of the applicant in Case Crime No. 169 of 2019, under Section 147, 148, 332, 353, 383 IPC, P.S.- Ghoorpur, District- Prayagraj, if possible on the same day.
From the perusal of the material on record and looking into the facts and circumstances of the case, I am of the considered view that prima facie cognizable case is made out against the applicant. All the submission made at the Bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CR.P.C. I do not find any substance in the arguments advanced by learned counsel for the applicant.
However, learned counsel for the applicant argued that the benefit of the case of Amrawati and another Vs. State of U.P. reported in 2004(57) ALR 290 approved by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. 2009(3) ADJ 322 (SC) be provided to them.
Needless to state that in the eventuality of filing any bail application by the applicant before the trial Court, it is expected from the trial Court to decide the same expeditiously in accordance with law after considering entire aspect of the matter.
It is made clear that this Court has not expressed any opinion on merits of the case and the competent Court is to act in accordance with law.
With the above observation, this application stands disposed of accordingly.
Order Date :- 12.8.2021/S.Verma