Court No. - 55 Case :- APPLICATION U/S 482 No. - 48 of 2010 Petitioner :- Rajesh Dubey And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- B.K. Tripathi 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 applicants on the same day
in case crime no. 886 of 2009 under section 3(i) U.P.Gangster Act P.S.
Gagagam District Gorakhpur.
Considering the facts and circumstances of this case, it is directed that if the
applicants move application for appearance or surrender 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
applicants move 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 this direction, this application is finally disposed of.
Order Date :- 7.1.2010
dps