Court No. - 32
Case :- APPLICATION U/S 482 No. - 6360 of 2018 Applicant :- Surya Nath Opposite Party :- State Of U.P.
Counsel for Applicant :- Achyut Jee,Ranjay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the petitioners, learned AGA and perused the record.
This application under section 482 Cr.P.C. has been filed with the prayer to issue direction for hearing of the bail application on the same day in S.T. No.423 of 2013 arising out of Case Crime No.60 of 2010 under section 304B I.P.C. PS. Industrial Area District Allahabad.
Learned counsel for the applicant submitted that the applicant is fatherin law. On the basis of false allegations, impugned First Information Report was lodged against the petitioners. The First Information Report was lodged under section 304 B I.P.C. alognwith other sections. Subsequently under section 306 I.P.C. the applicant was released on bail, hence, the impugned First Information Report being malicious, is liable to be quashed. Alternative prayer is to issue direction for consideration of the bail application expeditiously, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR390 and by the Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (4) SCC 437.
Learned AGA opposed the aforesaid prayer.
Considered the submissions of learned counsel for the parties.
As far as expeditious disposal of the bail application is concerned, no such direction is required. However, in view of the aforesaid facts, if the petitioner appears before the courts below within three weeks from today and applies for bail, it is expected that the same will be considered and disposed off as expeditiously as possible, in accordance with law.
Accordingly, present application under section 482 Cr.P.C. is hereby dismissed.
Order Date :- 28.2.2018 Rk