- (1.) A. S. Tripathi, J. This petition is filed under Section 482, Cr. P. C. with the prayer that the courts below be directed to dispose of the petitioner's bail application in case Crime No. 428 of 1992 under Section 307/504,1. P. C. Police Station Kotwali, Khalilabad district Basti when he surrenders before the court in that case the same day.
(2.) THE petitioner has alleged that he has been falsely implicated in case crime No. 428 of 1992, referred above, by the complainant as per allegations made in the F. I. R. , Annexure No. 1. It was a case of no injury. In fact, the petitioner had filed a Civil Suit No. 976 of 1992 in the court of Munsif, Khalilabad at Basti. THE complainant was restrained by an injunction order passed in that suit. On account of that dispute false F. I. R. has been lodged implicating the petitioner on account of malice and vengeance. The petitioner claims that he is an Assistant Driver in North Eastern Railways posted at Gorakhpur. The only object of lodging the F. I. R. against the petitioner was that he being Government servant be suspended the moment he is confined for more than 24 hours in accordance with the Government order issued on this point. It is alleged in this petition that the co-accused have already been granted bail by the trial court. The prayer of the petitioner for direction to the courts below. for disposal of the bail application the same day is vehemently opposed by the learned A. G. A. when the petition was taken up for disposal on merits.
(3.) I have heard learned counsel for the petitioner and the learned A. G. A. for the State at length and perused the papers. According to the F. I. R. dated 31-10-1982 a civil suit was pending between the father of the complainant and his uncle, Suraj, ,the present peti tioner, and on account of that enmity at the time of occurrence the petitioner, Suraj, Taj Mohammad, Meghraj and Riaz caught hold of Setoo, father of the reporter, and abuses were hurled. It is alleged that one Liaquat Khan inter vened. The father of reporter started running. Then it is alleged that one Riaz, co-accused, fired his gun. The father of the reporter escaped.;