Allahabad High Court
Anurag Singh vs State Of U.P. Thru. Prin. Secy. ... on 19 September, 2023
Bench: Shree Prakash Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:60051
Court No. - 28
Case :- APPLICATION U/S 482 No. - 9018 of 2023
Applicant :- Anurag Singh
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. And Othres
Counsel for Applicant :- Sanandan Kumar Misra,Bina Kumari Bajpai
Counsel for Opposite Party :- G.A.
Hon'ble Shree Prakash Singh,J.
Heard Sri Sanadan Kumar Misra and Ms. Bina Kumari Bajpai, learned counsels for the applicant, Sri Girijesh Dwivedi,learned A.G.A. for the State and perused the material placed on record.
The instant application under section 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 04-07-2023 passed by the Hon'ble Court of C.J.M., Lucknow in respect of the first information report dated 29-04-2023 lodged at Case Crime No. 92 of 2023, under sections 498-A/304-B/506 of I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station-Alambagh, District-Police Commissionrate Lucknow, by which the proceeding under section 82 has been issued against the applicant.
Learned counsel appearing for the applicant submits that the applicant is 'Devar' and bald and general allegations have been levelled against the Mother-in-law including the present applicant for committing torture as well as for demand of dowry, though the present applicant was not involved in committing the same. He next added that the Mother-in-law has already approached this court by instituting an application under section 482 Cr.P.C. bearing no. 8082 of 2023, wherein this court has passed an order on 17-08-2023, which is quoted hereinunder :-
1. The present application has been filed with a prayer to quash the impugned order dated 4.7.2023 passed by the Chief Judicial Magistrate, Lucknow in respect of F.I.R. dated 29.4.2023 lodged as Case Crime No.92 of 2023 under Sections 498A, 304-B, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Alambagh, Lucknow.
2. After arguing the matter at some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move bail application, before the court concerned and suitable directions may be issued that same may be heard and decided expeditiously, in accordance to law.
3. Learned A.G.A. has no objection in grant of aforesaid prayer.
4. Considering the arguments of learned counsel for the parties and going through the record, it cannot be said that no offence is made out against applicants and all the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in proceedings under Section 482 Cr.P.C.
5. At this stage only primafacie case is to be seen in the light of the law laid down by Hon'ble Supreme Court in the cases of "R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq, another (Para-10) 2005 SCC (Cr.) 283 and Parabatbhai Ahir & Ors. Vs. State of Gujarat AIR 2017 SC 4843".
6. A seven judges Bench of this Court in the case of "Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 and Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) and in Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017 have given various directions to criminal Courts for expeditious disposal of Bail applications. The ratio of above mentioned decisions is quite clear that, in the backdrop of Article 21 of the Constitution of India as the personal liberty of a person is at stake, the bail application should be decided, expeditiously.
7. In the recent judgment, the Hon'ble Supreme Court in SUO MOTO WRIT (CRL) No. (S) 1 of 2017 In RE: To issue certain guidelines regarding inadequacies and deficiencies in criminal trials vs. The State of Andhra Pradesh & Ors. vide its judgment and order dated 20.04.2021 has observed the common deficiencies which occurred in the proceedings of the criminal cases and approved "The Draft Rules of Criminal Practice 2021" which is the part of the judgment in Chapter V Rule 17 of aforesaid Rules that the application for bail in non-bailable cases must ordinarily be disposed off within a period of 3 to 7 days from the date of first hearing. If the application is not disposed off within such period, the Presiding Officer shall furnish reasons thereof in the order itself.
8. Further, as the Apex Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No.5191 of 2021 has already laid down guidelines for grant of bail, without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail, no specific directions need be issued by this Court as it is expected that the court concerned will take into consideration the necessary guidelines already issued by the Apex Court.
9. In backdrop of aforesaid decisions and keeping in view the entirety of facts and circumstances of the case and having regard to the submissions of learned counsel for the applicant, the application is disposed of with a direction to the court below that if the applicant applies for bail before the Court below within 30 days from today, her prayer for bail shall be considered and decided expeditiously in accordance with law.
10. For a period of 30 days from today or till the applicant applies for bail, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case."
Referring the aforesaid, he submits that the case of the present applicant stands on the identical footing with the case of co-accused i.e., Mother-in-law, namely, Sarita Singh and therefore, the present applicant may also be granted benefit of the order dated 17-08-2023.
Learned A.G.A. appearing for the State has no objection to the contentions aforesaid.
In view of the aforesaid submissions, the benefit of the order dated 17-08-2023 passed in application under section 482 Cr.P.C. bearing no. 8082 of 2023, shall also be available to the present applicant.
The instant application is disposed of in the light of the order dated 17-08-2023 passed in application under section 482 Cr.P.C. bearing no. 8082 of 2023.
Order Date :- 19.9.2023
AKS
