Court No. - 45
Case :- APPLICATION U/S 482 No. - 38792 of 2018
Applicant :- Rahul And Another
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Anil Kumar Srivastava,Mahendra Pratap
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants 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 applicants made a prayer that the bail application of the applicants in Case No.2332 of 2017 (State Versus Mohd. Rahul and others), under Sections 498-A, 323, 506 I.P.C and Section 3/4 Dowry Prohibition Act against applicant no.1 and Sections 498-A, 323, 376, 506 I.P.C and Section 3/4 Dowry Prohibition Act against applicant no.2, arising out of Case Crime No.349 of 2016, under Sections Sections 498-A, 323, 377, 376, 506 I.P.C and Section 3/4 Dowry Prohibition Act, Police Station Mahila Thana, District Ghaziabad be ordered to be considered expeditiously, if possible on the same day by the Court below.
After hearing learned counsel for the applicants and learned A.G.A. this application is finally disposed of with a direction that if the applicants appear and surrender before the Courts below within 45 days from today and apply for bail, then their 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 :- 27.10.2018 SS