- (1.) JAGDISH Bhalla, J. Heard the learned counsel for the applicant and Sri V. S. Misra, Addl. Public Prosecutor for the State.
(2.) IN this case in action on the part of the District Police Administra tion shows all chances of drawing an inference against the prosecution for the reason that no instructions were given to the Government Advocate INspite of the opportunities given to the prosecution. Finally I found no alternative except to direct the S. S. P. Allahabad to appear in person. On the basis of the instructions I have been informed by Sri V. S. Misra, Addl. Public Prosecutor that the applicant was enlarged on bail in nine cognizable cases and this is the 10th case. If this information would not have been there, there would have been all the reasons, in the absence of the instruc tions, to admit the plea taken in defence. Therefore, for future the District Police authorities shall take note of it and will ensure that the instructions are sent within time to the Government Advocate. I take judicial notice of the fact that in a number of bail applications of various districts Inspite of the time allowed, on a number of occasions, the prosecution, no instructions are sent to the office of the Government Advocate which, at time, result into grant of bail. As in the above case, I am afraid, if in certain matters adverse inference is taken by Court due to non-availability of the complete instructions to the Government Advocate, concession of bail is granted to the accused. It is high time for the prosecuting agency to ensure that their version along with all the relevant records and handed over to the learned Government Advocate within the time proscribed failing which if cue law and order deteriorates the responsibility will be of the prosecution.
(3.) IN view of the above, I am not inclined to grant bail to the applicant. The bail application is rejected.;