Court No. - 12
Case :- APPLICATION U/S 482 No. - 19505 of 2018 Applicant :- Sonu Chaudari Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A.
I do not find any merit in this application warranting interference in inherent jurisdiction.
At this stage the leaned counsel for the applicant made a prayer that the bail application of the applicant in Complaint Case No. 367 of 2009 (Ramanand vs. Sonu Chaudhari) under section 138 of N.I. Act and section 504, 506 I.P.C. P.S. Khorabar District Gorakhpur pending in the court of Additional Chief Judicial Magistrate Court No.1 Gorakhpur 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 surrender before the Courts below within forty five days from today and apply for bail, then his 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 Amrawarti 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.
Till then no coercive action shall be taken against the applicant.
Order Date :- 30.5.2018 Atul kr. sri.