Heard learned counsel for the applicant and learned AGA for the State. In this application under section 482 of the Code of Criminal Procedure (in short 'the Cr.P.C.'), it is prayed that the courts below be directed to dispose of the bail application of the applicant on the same day in Case Crime No. 238 of 2005, under sections 147, 148, 149, 307, 506 IPC, P.S. Atraulia, District Azamgarh.
Considering the facts and circumstances of the case, it is directed that if the applicant moves application for appearance/surrenders before the court concerned within 30 days from today, the court concerned shall fix date on that application for surrenders/appearance. In the meantime the court concerned shall seek instruction from the prosecution side. In case, the applicant moves the application for bail on the day of appearance or surrenders, the same shall be considered and disposed of expeditiously and if possible on the same day by the courts below, keeping in view the law/ guidelines laid down in Smt. Amrawati and another versus State of U.P. 2004 (57) ALR (290) (Seven Judges' Judgment of this Court) and Hon'ble Apex Court judgment in Lal Kamlendra Pratap Singh vs. State of U.P. and others 2009 (3) A.D.J. 322 (SC), but having regard to the observations made by the Division Bench of this Court in Pradeep Tyagi Vs. State of U.P. and others 2009 (65) ACC 443 and Sheo Raj Singh @ Chhuttan vs. State of U.P. and others 2009 (65) ACC 781.
With this direction, the application is finally disposed of. Order Date :- 6.1.2010 v.k.updh.