Het Singh Yadav, J. - (1.) HEARD learned counsel for the applicant, learned A.G.A. and perused the record. The applicant has filed this application under section 482 of the Code of Criminal Procedure 1973, (in short 'the Code') seeking direction to the lower court concerned to consider and decide his bail applications on the same day if filed by the applicant in the court below in Case Crime No. 145 of 2014 under Sections 419, 420, 468, 471 I.P.C. Police Station -Kotwali Nagar, District -Bijnor.
(2.) IT is submitted by the learned counsel for the applicant that the applicant is not named in the F.I.R. As per the F.I.R. version, co -accused Satish @ Ved Prakash was arrested by the police while he was appearing as dummy of examinee in TET examination. During interrogation before the police, he said to have been disclosed the name of the applicant also. Except confessional statement of co -accused, which is not a readable evidence, before the police, there is no other credible, prima facie, evidence showing the complicity of the applicant in the crime. Learned counsel for the applicant strenuously urged that the court below be directed to consider and dispose of bail application of the applicant on the same day on which it is to be filed, in view of law laid down in the case of Amrawati and another Vs. State of U.P. : 2004 (57) ALR 290, which has been affirmed by the Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. : 2009 (3) ADJ 322 (SC). Learned A.G.A. repudiates the submission made as above. It is argued that this court cannot exercise its inherent power under Section 482 of the Code giving direction regarding the manner in which the bail application of the applicant should be considered by the court below as held by the apex court in S.E. Investment Ltd. Vs. Purnendu Shekharmal Jain and others in Criminal Appeal No. 1493 of 2012.
(3.) A seven Judges Bench of this Court in Amrawati's Case (Supra) has dealt with comprehensively with the law in respect to the prayer for hearing the bail application on the same day which has been approved by the apex court in Lal Kamlendra Pratap Singh's Case (Supra).;