RADHEY SHYAM JAISWAL AND OTHERS Vs. STATE OF U.P.AND ANOTHER
LAWS(ALL)-2010-12-152
HIGH COURT OF ALLAHABAD
Decided on December 15,2010

RADHEY SHYAM JAISWAL Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

SHRI KANT TRIPATHI,J. - (1.) HEARD the learned Counsel for the applicants, Mr. O.P. Mishra for respondent No. 2 and the learned AGA and perused the record. Mr. O.P. Mishra appeared for the re­spondent No. 2, who is not agreeable for mediation.
(2.) THE learned Magistrate, keeping in view the materials on record, arrived at the conclusion that there were sufficient mate­rial on record to summon the accused. The finding of the learned Magistrate is based on proper appraisal of the relevant mate­rial. The petition has no merit and is liable to be dismissed. The learned Counsel for the applicants further submitted that the applicants, being law abiding citizens, want to appear before the Courts below to seek bail, therefore, they may be provided some interim protection. It is, however, provided that if the applicants Radhey Shyam Jaiswal, Urmila @ Nirmala Devi and Santosh Kumar ap­pear before the Courts below and apply for bail within one month, their bail prayer in complaint case No. 470 of 2010, Sadhna Jaiswal v. Santosh Kumar and others, under sections 323, 506 and 498-A IPC and section 3/4 Dowry Prohibition Act, pending in the Court of Chief Judicial Magistrate, Bhadohi, shall be considered and disposed of on the same day by the Courts below.
(3.) TILL the surrender of the applicants be­fore the Court or expiry of the aforesaid period of one month, whichever is earlier, the applicants shall not be arrested. With the aforesaid observations the petition un­der section 482 Cr.P.C. is disposed of. Application Disposed Of.;


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