- (1.) HEARD learned counsel for the applicant and learned A.G.A. for the State. The applicant, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer that his bail application in Case Crime No. 24 of 2010, under Sections 363, 366, 386 I.P.C., Police Station Mahila Thana, District Allahabad be ordered to be considered expeditiously, if possible on the same day by the Courts below. It is submitted by learned counsel for the applicant that the prosecutrix in her statement recorded under Section 164 Cr.P.C. has totally disowned the prosecution case as set out in the F.I.R.
(2.) CONSIDERING the facts and the circumstances of the case, it is provided that if the applicant moves an application for surrender before the court concerned within four weeks from today, the court concerned shall fix a date about ten days thereafter for the appearance of the applicant and in the meantime release the applicant 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. 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 applicant 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. If further instructions are needed or if adjournment of the case on the date fixed for hearing becomes unavoidable, the Court may fix another date, and may also extend the earlier order granting interim bail, if it deems fit provided that the adjournment of hearing of the regular bail on one or more dates should not exceed a total period of one month. It will also be in the discretion of the Sessions/Special Judge concerned to consider granting interim bail pending consideration of the regular bail on similar terms as mentioned herein above when and if the applicant applies for bail before him.
(3.) IN case the applicant fails to appear before the court concerned on the datesfixed, it will be open to the Public Prosecutor to move an application for cancelling the order of interim/final bail and the Court concerned may pass an appropriate order on merits. For a period of four weeks from today or till the applicant surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against him. However, it is made clear that in case the applicant fails to move an application for surrender before the court concerned within the time indicated hereinabove, this application shall stand automatically dismissed. It is further provided that in case the applicant moves an application for discharge along with certified copy of this order before the court concerned, the same shall be dealt with in accordance with law at appropriate stage. With the aforesaid directions, this application is finally disposed of.;