Court No. - 8 Case :- U/S 482/378/407 No. - 1783 of 2010 Petitioner :- Faisal Khan And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- F.A. Osmany Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicants and the learned AGA and
perused the record.
The learned Magistrate, keeping in view the materials on record, arrived at the
conclusion that there were sufficient material on record to summon the
accused. The finding of the learned Magistrate is based on proper appraisal of
the relevant material. The petition has no merit and is liable to be dismissed.
The learned counsel for the applicants further submitted that the applicants,
being law abiding citizens, want to appear before the courts below to seek
bail, therefore, they may be provided some interim protection.
It is, however, provided that if the applicants Faisal Khan and Farid Khan
appear before the courts below and apply for bail within one month, their bail
prayer in complaint case no. 5799 of 2009 (Smt. Gulshan Aara v Farid Khan
& others) under sections 386, 323, 504, 506, 452, 147, 148 and 149 IPC
pending in the court of the II-Additional Chief Judicial Magistrate, Hardoi
shall be considered and disposed of by the courts below on the same day in
the light of the principles laid down in the case of Lal Kamlendra Pratap
Singh versus State of U.P. & others (2009) 4 SCC 437.
Till the surrender of the applicants before the Court or expiry of the aforesaid
period of one month, whichever is earlier, the applicants shall not be arrested.
With the aforesaid observations the petition under section 482 CrPC is
disposed of.
Order Date :- 10.5.2010
shailesh