HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- U/S 482/378/407 No. - 3063 of 2015 Applicant :- Suresh Verma And Ors. Opposite Party :- The State Of U.P And Anr. Counsel for Applicant :- M.K Dixit Counsel for Opposite Party :- Govt. Advocate Hon'ble Akhtar Husain Khan,J.
Heard learned counsel for the petitioner as well as learned A.G.A. for the State and perused material available on record.
Present petition under Section 482 Cr.P.C. has been moved by the petitioners Suresh Verma, Shiv @ nankhu, Ram Prakash @ Om Prakash and Hari Om with prayer to issue a direction to court concerned to consider and dispose of bail application of petitioners on the same day in Case Crime No. 328 of 2014, under Sections 323, 504, 506 I.P.C., & 3 (1) (10) SC/ST Act, police station Zaidpur, district Barabanki.
In view of principle laid down by the seven Judges Bench of this Court in the case of Amrawati & Anr Vs. State of U.P. reported in [2004 (57) ALR 290], as affirmed by Hon'ble the Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)], I am of the view that direction for expeditious disposal of bail application moved by petitioner on the same day cannot be given. Under Section 483 Cr.P.C. direction for disposal of bail application may be given in the light of principle laid down in aforesaid pronouncements of this Court as well as Hon'ble Apex Court.
In view of above, petition moved by petitioner is finally disposed of with direction to learned Magistrate concerned to make expeditious disposal of bail application moved by the petitioner in the light of principle laid down in the case of Amrawati & Anr. vs. State of U.P. (Supra) which has been affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh vs. State of U.P. (Supra), subject to condition that the petitioners shall appear before the learned Magistrate concerned within one month from today and move application in accordance with law.
In the meantime, no coercive steps shall be taken against the petitioners.
Time specified above shall not be extended further.
Order Date :- 30.6.2015 Ps