Heard the learned counsel for the applicants and the learned AGA and perused the record.
The learned Magistrate, keeping in view the materials on record, arrived at the conclusion that there were sufficient material on record to summon the accused. The finding of the learned Magistrate is based on proper appraisal of the relevant material. The petition has no merit and is liable to be dismissed.
The learned counsel for the applicants further submitted that the applicants, being law abiding citizens, want to appear before the courts below to seek bail, therefore, they may be provided some interim protection.
It is, however, provided that if the applicants Sajid, Nazim and Sahavdad appear before the courts below and apply for bail within one month, their bail prayer in Criminal Complaint Case No. 2495 of 2008 (Smt. Praveen Bano v Nazim & others) under sections 452, 354 and 323 IPC, P.S. Qashimpur, District Hardoi pending in the court of the II-Judicial Magistrate, Hardoi shall be considered and disposed of by the courts below on the same day in the light of the principles laid down in the case of Lal Kamlendra Pratap Singh versus State of U.P. & others (2009) 4 SCC 437.
Till the surrender of the applicants before the Court or expiry of the aforesaid period of one month, whichever is earlier, the applicants shall not be arrested.
With the aforesaid observations the petition under section 482 CrPC is disposed of.
Order Date :- 10.5.2010 shailesh