- (1.) HEARD learned counsel for the petitioner and learned Additional Government Advocate.
(2.) THIS writ petition has been filed for quashing of an FIR in case crime No. 155 of 2012, under sections 376, 506 IPC, PS Bhojipura, district Bareilly. The writ court is not competent to go into questions of facts and on the allegations, it cannot be said that no prima facie case is disclosed. Hence, no ground exists for quashing the FIR or staying the arrest of the petitioner. However, in the circumstances of the case, it is provided that if the petitioner moves an application for surrender before the court concerned within three weeks from today, the Magistrate concerned shall fix a date about ten days thereafter for the appearance of the petitioner and in the meantime release the petitioner on interim bail on such terms and conditions as the court concerned considers fit and proper till the date fixed for the disposal of the regular bail.
(3.) THE court concerned shall also direct the Public Prosecutor to seek instructions from the investigating officer by the date fixed and as far as possible also give an opportunity of hearing to the informant and thereafter decide the regular bail application of the petitioner in accordance with the observations of the Full Bench of this Court in Amrawati and another Vs. State of UP, 2005 Cri. LJ 755, affirmed by the Supreme Court in Lal Kamlendra Pratap Singh Vs. State of UP, (2009) 4, SCC 437 and reiterated by the Division Bench of this Court in Sheoraj Singh alias Chuttan Vs. State of UP and others, 2009 (65) ACC 781.;