Bachcha Prasad vs State of U.P.& Anr.

P.K. Chatterji, J.—This is a petition under Section 482, Cr. P.C. for issuing a direction to the Magistrate concerned to decide the bail application on the ground of parity or in the alternative under Section 437, Cr. P.C., specially on the same day.

Heard learned Counsel for the petitioner and learned Additional Government Advocate.

It is argued on behalf of the petitioner that the case is triable by the Magistrate. Under Section 437, Cr. P.C. the Magistrate has a right to grant bail on the grounds mentioned therein. Before disposing the bail application the learned Magistrate shall look into the fact as to whether any case is made out against the accused or not and he shall also consider as to whether the accused is sick or infirm person. It is further argued that prima facie no case is made out against the accused and he is being put to harassment unnecessarily.

In the circumstances, this petition is disposed of finally with the observation that the learned Magistrate shall dispose of the bail application of the petitioner on the same day provided petitioner gives at least three days'' notice prior moving the bail application and in case it is adjourned, he shall record reasons for the same.