Heard the learned counsel for the applicant and the learned AGA and perused the record.
The learned Magistrate, keeping in view the materials on record, arrived at the conclusion that there were sufficient material on record to summon the accused. The finding of the learned Magistrate is based on proper appraisal of the relevant material. The petition has no merit and is liable to be dismissed.
The learned counsel for the applicant further submitted that the applicant, being law abiding citizen, wants to appear before the courts below to seek bail, therefore, he may be provided some interim protection.
It is, however, provided that if the applicant Vindeshwari Prasad alias Pujari Chaubey , appears before the courts below and applies for bail within one month, his bail prayer in complaint case no. 824 of 2009 under sections 406, 418, 419 and 420 IPC, P.S. Paraspur, District Gonda pending in the court of the I-Judicial Magistrate, Gonda shall be considered and disposed of by the courts below in the light of the principles laid down in the case of Lal Kamlendra Pratap Singh versus State of U.P. & others (2009) 4 SCC 437.
Till the surrender of the applicant before the Court or expiry of the aforesaid period of one month, whichever is earlier, the applicant shall not be arrested.
With the aforesaid observations the petition under section 482 CrPC is disposed of.
Order Date :- 10.5.2010 shailesh