Kalu vs State Of U.P.
2014 Latest Caselaw 6207 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29297 of 2014
 

 
Applicant :- Kalu
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- N.K.Yadav
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri N.K. Yadav, learned counsel for the applicant and Sri R.K. Maurya, learned A.G.A. for the State.

Learned counsel for the applicant submits that the present bail application may be dismissed as not pressed as the same has been filed on behalf of the applicant due to mistake as earlier another bail application, i.e., Crl. Misc. Bail Application No. 3866 of 2013 (Kalu Vs. State of UP) has been filed on behalf of the applicant seeking bail in the same case crime number which is already pending before this Court and he has tendered oral unconditional apology on behalf of the deponent and the applicant of the present application.

The explanation given by the learned counsel for the applicant does not appear to be a plausible explanation as it is the applicant, who is the beneficiary of the both the bail applications and now a days the Court is coming across of many such cases where two bail applications have been filed on behalf of same applicant in same crime number. The deponents of them are either same or different but the applicant is same which creates hurdle in the smooth functioning of the Court which is already over burdened with fresh cases and has to face a lot of difficulty in tracing out the same due to which sometimes contradictory orders by the Courts on the bail application filed by the same accused in the same case crime for the same offences which has to be stopped by the Courts, hence the Court wanted to proceed against the deponent of the present case, namely, Goverdhan, son of Basdeo, Resident of Haddi Godam, Turkman Gate, Police Station Kotwali, district Aligarh for perjury and concealment of material fact but taking into account the oral unconditional apology tendered by learned counsel on behalf of the applicant and the deponent, let the present application be dismissed as not pressed with an exemplary cost of Rs. 10,000/- which shall be deposited by the said deponent before the C.J.M. concerned within two months from today. If the same is deposited by the deponent within the aforesaid period, the same shall be transmitted by the C.J.M. concerned to the concerned District Legal Cell.

In case, the deponent fails to deposit the aforesaid amount within the aforesaid period, the same shall be recovered by the deponent as arrears of land revenue.

The Registrar General of this Court is directed to send a certified copy of this order to the District Judge concerned for its compliance.

Order Date :- 9.9.2014

SKS