The learned counsel for the applicant submitted that the complainant moved an application under Section 156(3) Cr.P.C. before the court below on 25.08.2017, in which the learned court below directed the officials to register the case, as a result F.I.R. No.623 of 2017, under Sections 419, 420, 406, 467 468 I.P.C., Police Station Nishasan, District Kheri was registered on 19.12.2017. Thereafter, charge-sheet was filed and the court below took cognizance by registering the case as Case No. 1430 of 2018.
Learned counsel for the applicant further submitted that during the same period by levelling identical allegations, the complainant moved another application under Section 156(3) Cr.P.C. on 18.10.2017, which was registered as Complaint Case No.93 of 2018 and after recording the statement of complainant, Brahmadeen and three other witnesses, the summoning order dated 15.10.2018 was passed. He further submitted that for the offence committed in the same period different trial cannot be run simultaneously, further it is open to the applicant to move an application under Section 210 Cr.P.C., within a period of six weeks and the court below is directed to pass appropriate orders on the aforesaid application, if filed, with a reasoned and speaking order.
After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to surrender and move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.
Learned A.G.A. has no objection in grant of aforesaid prayer.
In view of above, it is provided that if the applicant surrenders before the court below within thirty days from today, and applies for bail, his application for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Another Vs. State of U.P. reported in 2004 (57) ALR 290, as affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
It is made clear that this order shall not be treated as an implied direction of this Court to grant bail to the applicant and the court concerned shall be at liberty to pass appropriate order in accordance to law.
Till the aforesaid period of thirty days, no coercive measures shall be taken against the applicant in the aforesaid case.
In case, applicant fails to surrender before the Courts below, within the stipulated period of thirty days, he will not get benefit of this order.
With above directions this application stands disposed of.
Order Date :- 27.8.2019 S. Shivhare