Court No. - 32
Case :- APPLICATION U/S 482 No. - 17524 of 2018 Applicant :- Vijendra Rai @ Bachcha Rai And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rishi Kant Rai,Krishna Deo Rai Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicants and the learned A.G.A.
This application under Section 482 Cr.P.C. has been filed for quashing entire criminal proceedings arising out of charge-sheet dated 11.10.2017 in Case Crime No. 1013 of 2017 under Section 308, 452, 323, 504, 506 IPC, P.S. Narahai, District Ballia taking cognizance by CJM, Ballia on 27.10.2017 which has been affirmed by Additional Sessions Judge, Ballia vide order dated 5.4.2018 in Criminal Revision No. 88 of 2018.
After advancing argument at length, learned counsel for the applicants would submit that applicants would be satisfied in case a direction is issued to the court below to consider the bail application of the applicants in terms of the decisions rendered in Amrawati and another Vs. State of U.P., 2004 (57) ALR 290 as well as Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC).
Learned A.G.A. would submit that the directions issued by this Court and the Hon'ble Supreme Court is binding upon the court below. A Division Bench of this Court in Brahm Singh & others vs. State of U.P. & others, 2016 (7) ADJ 151, has already issued direction to all the Sessions Judges of the State of Uttar pradesh, which is being followed. It is, therefore, urged that no fresh direction is required to be given.
This fact is not being disputed by the learned counsel for the applicants.
In regard thereto, application is disposed of as withdrawn with liberty to the applicants to file an appropriate application for bail before the court below within four weeks from date in terms of the decisions rendered in Amrawati (supra) as well as Lal Kamlendra Pratap Singh (supra).
In the event, such an application is filed, it is expected that the court below shall decide/dispose of the application in terms of Amrawati (supra), Lal Kamlendra Pratap Singh (supra) and Brahm Singh (supra), strictly in accordance with law.
It is clarified that the Court has not considered the contention of the learned counsel for the applicants on merit.
Order Date :- 28.5.2018 S.Prakash