Court No. - 45
Case :- APPLICATION U/S 482 No. - 42744 of 2018
Applicant :- Makkhan Chauhan
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and the learned A.G.A.
I do not find any merit in this application warranting interference in inherent jurisdiction.
At this stage the learned counsel for the applicant made a prayer that the bail application of the applicant in Case No.3175 of 2018 (State Vs. Makkhan Chauhan and another), arising out of Case Crime No.1015 of 2017, Under Sections, 323, 452, 354, 354Ka, 325 I.P.C., Police Station Rohania, District Varanasi be ordered to be considered expeditiously, if possible on the same day by the Court below.
After hearing learned counsel for the applicant and learned A.G.A. this application is finally disposed of with a direction that if the applicant appears and surrenders before the Courts below within 45 days from today and applies for bail, then his bail application shall be considered and decided in view of the settled law laid down by the Seven Judges' decision of 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 Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC) after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offences.
Order Date :- 27.11.2018 SS