Uma Shanker and Ors. vs State of U.P.& Ors.

Bhagwan Din, J.—This is an application under Section 482 Cr. P.C. for quashing of the F.I.R.

Having heard the learned Counsel appearing for the applicants and the learned Addl. Government Advocate an application under Section 482 Cr. P.C. for quashing of the F.l.R. is not maintainable.

The application is therefore, rejected.

At this stage, the learned Counsel appearing for the applicants urged that the coaccused namely Rahul has been granted bail by the learned Sessions Judge. The case of the applicants is at par with that of the coaccused. Therefore, the Magistrate has power to grant bail to the applicants under the provisions of Section 437 (1) Cr. PC. on parity ground. Areference to the decision rendered by this Court in the case of Sanwal Das Gupta v. State of U.P reported in 1986 A.C.C. (23), 79, has been made, wherein it is held that it has been brought to the notice of the Court that the other coaccused have been admitted to bail from the Court of Sessions. The Magistrate, can in view of maintaining parity admit the applicants to bail provided he offers himself to be bailled out.

The Magistrate concerned therefore, will consider the bail application of the applicants in view of the above proposition of law.