PANKAJ KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ramesh Kumar Saxena, learned counsel for the revisionist, Sri Hari Bans Singh, learned counsel for the informant, Sri Arvind Kumar, learned AGA for the State and perused the record of the case.

(2.) The instant revision has been moved by the revisionist against the order dtd. 17/6/2022 passed by Additional Chief Judicial Magistrate, Court No.5, Allahabad in Case Crime No. 167 of 2022, under Ss. 308, 323, 504, 506, 452 IPC, Police Station Jhunsi, District Prayagraj by which, Additional Chief Judicial Magistrate dismissed the bail application moved by the revisionist under Sec. 167(2) Cr.P.C.

(3.) Filtering out unnecessary details, the basic facts, which are relevant for the purpose of present revision is that FIR of the present case was lodged on 16/4/2022 against the revisionist and one another under Ss. 308, 323, 504, 452 IPC at Police Station Jhunsi, District Prayagraj. Pursuant to the FIR dtd. 16/4/2022 revisionist was arrested on 16/4/2022 and since then he is in custody in the present matter. As, the matter relates to Ss. 308, 323, 504, 452 IPC and none of the offence is punishable for more than seven years and as charge-sheet did not submit in the court within sixty days from the date of arrest of revisionist, therefore, an application under Sec. 167(2) Cr.P.C. was moved by the revisionist on 17/6/2022 praying that as sixty days have already been lapsed since his arrest and till date no charge-sheet has been submitted, therefore, revisionist is entitled to be released on statutory bail provided under Sec. 167(2) Cr.P.C. but court below on same day i.e. 17/6/2022 dismissed his bail application moved under Sec. 167(2) Cr.P.C. Revisionist challenged the order dtd. 17/6/2022 passed by the court below in the instant revision.