Ram Kishan vs State of U.P.

Bachchoo Lal, J.—Heard learned counsel for the applicant and the learned AGA and have taken through the record.

By means of the present application u/s 482 Cr.P.C. the applicant has invoked inherent jurisdiction of this Court with a prayer to direct the courts below to consider the bail application of the applicant on the same day in case crime no. 282 of 2014, under sections 354B, 504, 506 IPC, Police Station Kosi Kalan, District Mathura.

At the very outset, learned counsel for the applicant has cited a decision of this Court in Criminal Misc. Application No. 21679 of 2014 (Munawwar & nine others Vs. State of U.P. and another) decided on 3.7.2014 and has prayed that his application for bail may be considered & decided following the guidelines enunciated in the aforesaid case.

Per contra learned AGA contended that the prayer for direction to the court below for the same day does not come within the purview of inherent power of this Court u/s 482 Cr.P.C. Hence the application u/s 482 Cr.P.C. may be dismissed.

From the perusal of the materials on record and looking into the facts and the arguments advanced in the present case, it cannot be said that no offence has been made out against the applicant.

Having considered rival submissions advanced by the learned counsel for the parties and considering the facts and the circumstances of the case and also the law laid down by the Hon''ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P. and Others, which has approved the Full Bench decision of this Court in the case of Amarawati and Another (Smt.) Vs. State of U.P., the court below is expected to proceed in accordance with law following the decisions aforesaid.

This application is disposed of as above.