Dinesh Kumar Mishra @ Deepu Mishra v. State of U. P.
2015-05-14
MAHESH CHANDRA TRIPATHI
body2015
DigiLaw.ai
JUDGMENT Mahesh Chandra Tripathi, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. This Crl. Misc. Application under Section 482 Cr.P.C. has been filed with the prayer to direct the court below to decide the bail application of applicants on same day in case crime no. 225 of 2015, u/s 147, 323, 324, 326 IPC, P.S. Chakeri, District Kanpur Nagar. 3. Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case. No offence against the applicants is disclosed and the present prosecution has been instituted with a mala fide intention for the purposes of harassment. 4. Learned AGA opposed aforesaid prayer. In view of the fact, no direction is required for disposal of bail application unless there is delay in disposal because expeditious disposal of bail application is right of accused-applicants. However, in view of the aforesaid facts, if any order has not been passed by this Court either refusing prayer for consideration of bail or allowing time for moving bail application in the present case and if charge-sheet has been submitted then if the applicants appear before the courts below within thirty days from today and applies for bail, it is expected that the same will be considered and disposed off expeditiously, in accordance with law, in view of the guide lines by Full Bench of this Court in case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh v. State of U.P. reported in 2009 (4) SCC 437 after giving opportunity to the public prosecutor. 5. For a period of 30 days from today or till the applicants surrender and apply for bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them. With these observations, application filed under Section 482 Cr.P.C. is finally disposed off.