Court No. - 32
Case :- APPLICATION U/S 482 No. - 6387 of 2018 Applicant :- Kunwar Bahadur Singh And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Babban Singh Rathore Counsel for Opposite Party :- G.A.,Manvendra Singh
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicants, learned counsel for the complainant, learned AGA for the State and perused the record.
This Crl. Misc. application under Section 482 Cr.P.C. has been filed with the prayer to direct the court below i.e. learned A.C.J.M., Court No.12, Fatehpur, in case no.442 of 2017 arising out of case crime no.304 of 2015, under sections 147, 148, 323, 324, 504, 506, 395 read with section 34 IPC, P.S. Kalyanpur, District Fatehpur to accept fresh bail bonds for the added section 395 IPC.
Learned counsel for the applicants submitted that on the basis of false allegation first information report was lodged. The applicants were released on bail under section 147, 148, 323, 324, 308, 504, 506 IPC in case crime no.304 of 2015, P.S. Kalyanpur, District Fatehpur. Subsequently section 395 IPC was added hence direct the court below to accept the fresh bail bond to the applicant in aforesaid case crime. Alternative prayer is to issue direction for consideration of the bail application expeditiously, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR- 390 and by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (4) SCC 437.
Learned AGA opposed aforesaid prayer.
Considered the submission of counsel for the parties. The court concerned, where proceeding is pending, is expected to scrutinize the material carefully so any innocent person is not harassed, prosecuted and held guilty. Since the disputed question of facts requires appreciation of evidence hence at this initial stage it is not a fit case for interference under section 482 Cr.P.C.
As far as expeditious disposal of the bail application is concerned, no such direction is required. However, in view of the aforesaid facts, if the applicants appear before the courts below within three weeks from today and applies for bail, it is expected that the same will be considered and disposed off, as expeditiously as possible, in accordance with law.
For a period of three weeks no coercive action shall be taken against the applicants.
Accordingly, present application under section 482 Cr.P.C. is hereby disposed off.
Order Date :- 28.2.2018 Pramod