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Judgment
Sudhanshu Dhulia, J.—Heard learned Counsel for the applicant as well as the learned Assistant Government Advocate for the State of Uttarakhand.
This Criminal Misc. Application has been filed u/s 482 Cr.P.C. for setting aside the proceedings in Criminal Case No. 6309 of 2008 State v. Manoj and Ors. pending before the Court of Chief Judicial Magistrate, Haridwar u/s 420 and 409 of I.P.C.
Brief facts of the case are that the applicant is a Junior Engineer (Civil) in Minor Irrigation Department. An F.I.R. was filed against the applicant and other four persons which was registered as Case Crime No. 587 of 2006 u/s 409, 420 I.P.C. at Police Station Jwalapur, District Haridwar.
On perusal of the averments made in the application, this Court does not deem it proper to interfere in the present matter and therefore the relief sought by the applicant cannot be granted. The present C-482 application is devoid of merit and is liable to be dismissed and is hereby dismissed.
Learned Counsel for the applicant at this stage prays that direction be given to the Magistrate concerned to consider and dispose of the bail application of the applicant on the same day when it is filed before him. Normally this Court does not direct any subordinate court to decide the bail application on the same day, as that would be interfering with the judicial discretion of the Court hearing the bail application in view of the direction given by the Full Bench of Allahabad High Court in Smt. Amarawati and Anr. v. State of U.P. 2004 (57) ALR 390. However, in the present case since the applicant is a government servant, the following directions are made:
In case the applicant moves a bail application and presents himself in the Court concerned on or before 15.9.2010, the learned Magistrate will consider and dispose of such a bail application on the same day by looking into the entire aspect of the matter.
No order as to costs.