Allahabad High Court High Court

Abdul Rahim And Others vs State Of U.P. And Others on 21 January, 2010

Allahabad High Court
Abdul Rahim And Others vs State Of U.P. And Others on 21 January, 2010
Court No. - 55

Case :- APPLICATION U/S 482 No. - 855 of 2010

Petitioner :- Abdul Rahim And Others
Respondent :- State Of U.P. And Others
Petitioner Counsel :- G.P.Singh
Respondent Counsel :- Govt. Advocate

Hon'ble Vineet Saran,J.

Heard learned counsel for the applicant as well as learned A.G.A. appearing
for the State and have perused the record.

In this application under section 482 Cr.P.C. it is prayed that the courts below
be directed to dispose of the bail application of the applicant on the same day
in criminal case no. 1154 of 2008 under sections 498-A, 504 IPC and 3/4 D.P.
Act, District: Gazipur.

Considering the facts and circumstances of this case, it is directed that if the
applicant moves application for appearance or surrenders before the court
concerned within 30 days from today, the court concerned shall fix date on
that application for surrender/appearance. In the meantime the court
concerned shall seek instruction from the prosecution side. In case the
applicant moves the application for bail on the day of appearance or
surrender, the same shall be considered and disposed of expeditiously and if
possible on the same day by the courts below, keeping in view the
law/guidelines laid down in Smt. Amrawati and another vs. State of U.P.,
2004(57) ALR 290 and the judgment of Hon’ble Apex Court in Lal
Kamlendra Pratap Singh vs. State of U.P. and others
, 2009(3) A.D.J.322
(SC) but having regard to the observations made by the Division Bench of this
Court in Pradeep Tyagi vs. State of U.P. and others, 2009 (65) ACC 443
and Sheo Raj Singh @ Chhuttan vs. State of U.P. & others, 2009 (65)
ACC 781.

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

Order Date :- 21.1.2010
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