Bahar Ali And 3 Others vs State Of U.P. And Another
2015 Latest Caselaw 2646 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 28895 of 2015
 
Applicant :- Bahar Ali And 3 Others
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Imtiyaz Ali,Murtuza Ali
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Imtiyaz Ali, learned counsel for the applicants, and Sri Manish Deo, learned A.G.A. appearing for the State, and perused the record.

By means of present 482 Cr.P.C. application, the applicant has prayed for setting-aside the order dated 24.08.2015, passed by the Incharge/Additional Sessions Judge, Court No.6, Allahabad and direct the court below that in case applicants surrender in connection with Case Crime No. 63-A of 2015, under Sections 308, 323, 504 IPC at Police Station Utraon District Allahabad, their application for bail may kindly be heard and disposed by both the courts below expeditiously.

The contention of learned counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. at this stage.

The prayer for quashing the impugned order is hereby refused.

However, it is directed that in case the applicant appears and surrender before the court below within two weeks from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P.2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. reported in

For a period of two weeks from today, the order dated 24.08.2015, issued against the applicant shall be kept in abeyance.

However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 24.9.2015

VKG