- (1.) Heard the learned counsel for the applicant and the learned AGA for the opposite party, although represented by his counsel is not here nor is the counsel present when the matter is called out.
(2.) The present opposite party was granted bail in Bail Application No. 5387 of 1995 by an order of this Court dated 18-5-1995. The notice of that bail application was given to the Government advocate on 8-5-1995. It is stated by the applicant now that Rule 18(3) of the Allahabad High Court Rules in Chapter XVIII bars granting of bail before 10 days have elapsed after the giving of such notice and the hearing of such application. It is further submitted by the learned counsel that the area in question was a dacoity affected area as notified. The offences were scheduled offences under the U.P. Dacoity Affected Areas Act, 1983 (hereinafter referred to as the Act) and S. 10 of the Act was a bar to the grant of bail before expiry of 180 days.
(3.) So far as the second contention is concerned, I may quote S. 10 of the said Act as under :-"No person accused or convicted of a scheduled offence shall, if in custody, be released on bail unless the prosecution has been given an opportunity to oppose the application for bail."There is a proviso that a person accused of a scheduled offence who has been in custody for total period of 180 days may be granted bail. The learned counsel proposed to interpret this clause as a bar to the grant of bail within 180 days, I may not subscribe to this view. The bar to the grant of bail in this connection is contained in Cls. (a) to (b) to the Section but the period of 180 days is mentioned in the proviso, and it must be read that if a person stays in custody for a total period of 180 days. The above bar may not be applicalicable. This provision is an enabling one to the grant of bail and not a disabling one to refuse bail as interpreted by the learned counsel.;