Court No. - 53 Case :- APPLICATION U/S 482 No. - 25688 of 2010 Petitioner :- Chheda Lal And Others Respondent :- State Of U.P. & Another Petitioner Counsel :- P.C. Srivastava 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 Chheda Lal, Moti Ram @ Moti
Lal and Mahipal appear before the courts below and apply for bail within one
month, their bail prayer in complaint case no. 863 of 2009 (Smt. Bhuri Vs.
Chheda Lal and others) under sections 420, 504 IPC and section 3 (1) 10 of
the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
police station Swar, district Rampur, shall be considered and disposed of
expeditiously by the courts below 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, the applicants shall not be arrested.
With the aforesaid observations the petition under section 482 CrPC is
disposed of finally.
Order Date :- 11.8.2010
MTA