Dinesh Kumar Upadhyaya vs The State Of U.P And Anr.
2013 Latest Caselaw 7572 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 23
 

 
Case :- U/S 482/378/407 No. - 6986 of 2013
 

 
Applicant :- Dinesh Kumar Upadhyaya
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- S.N Bhardwaj
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Sudhir Kumar Saxena,J.

It is submitted by learned counsel for the petitioner that earlier he had approached this Court vide Crl. Misc. Case No.1728 of 2013 (U/s 482 Cr.P.C.), wherein the following order (relevant part of the order) was passed:

"However, it is provided that if the petitioner surrenders before the courts below within one month from today and applies for bail, his prayer 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 & 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)]. During the aforesaid period no coercive step shall be taken against the petitioner."

It is further submitted that the petitioner is seriously ill. He is to undergo diagnosis twice in a week. Papers in regard to medical have been annexed with this petition.

Since the petitioner has again approached  this Court, no interference is possible,.

Accordingly, the petition is dismissed.

It is, however, directed that if the petitioner appears before the court below within one month from today along with medical papers, his prayer for bail shall be considered and decided by the courts below on the same day and in view of the settled law laid down by Hon'ble Apex Court in the case reported in 2009 (3) ADJ 322 (SC) (Lal Kamlendra Pratap Singh Vs. State of U.P.) as well as in the light of Section 437 Cr.P.C.

Order Date :- 20.12.2013

GK Sinha