Court No. - 68
Case :- APPLICATION U/S 482 No. - 16121 of 2019 Applicant :- Smt Saroj Devi Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Suresh Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the entire record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 01.08.2018 and 02.08.2018 passed by Civil Judge (J.D.)/F.T.C. Judicial Magistrate, Bijnor in Complaint Case No. 1315 of 2018 (Smt. Saroj Devi vs. Virendra and others), under Sections 323, 452, 504 and 506 I.P.C., Police Station- Haldaur, District- Bijnor.
Learned counsel for the applicant submitted that the impugned order dated 01.08.2018 and 02.08.2018 have been passed by the learned Civil Judge (J.D.). F.T.C., Bijnor without issuing any notice to the applicant and only on the personal bond without any surety. The bail to the opposite party no. 2 is illegal and arbitrary without giving notice, information or opportunity of hearing to the applicant. He further submitted that the offence under Section 452 I.P.C. is punishable with 7 years imprisonment. He further submitted that the order impugned has been passed in violation of the proviso of Section 437(1), whereby under amendment of 2005 opportunity of hearing to the complainant/public prosecutor has been made mandatory.
Per contra learned Additional Government Advocate, appearing on behalf of the State vehemently opposed the submissions advanced by the learned counsel for the applicant. He submitted that the order on the bail application was passed after hearing of the public prosecutor and after recording the finding that the injuries sustained by the applicant's side are simple in nature and and the accused is a old and weak person. It is also recorded in the order that the incident has not been informed in the concerned police station. There is not illegality in the order dated 02.08.2018, granting bail to the opposite party no. 2, passed by the concerned court below.
I have heard learned counsel for the parties and perused the material on record.
The trial court, while granting the bail, has considered each and every aspect of the matter. There is no force in the arguments advanced by the learned counsel for the applicant. There is no illegality in the impugned orders passed by the court below in granting the bail.
I do not find any merit and ground in the present application for invoking the extraordinary jurisdiction under Section 482 Cr.P.C.
The application is devoid of merit and is dismissed accordingly.
Order Date :- 25.4.2019 Pkb/