IRSHAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Kamlesh Kumar Tiwari, learned counsel for the applicants and learned A.G.A. for the State.

(2.) The present application under Section 482 Cr.P.C. has been filed with a pryaer to direct the Additional Chief Judicial Magistrate/Juvenile Justice Board, Gorakhpur to consdier the bail application of the applicants in Case No. 1096 of 2017 (State Vs. Haider and Others), arising out of Case Crime No. 256 of 2016, under Sections 323, 504, 506, 308 and 120-B and 147 I.P.C., Police Station-Belghat, District-Gorakhpur.

(3.) Before considering the present application on merits by the Court, Mr. Prashant Kumar, learned A.G.A. has raised preliminary objection to the maintainability of the present application by submitting that this is the second application filed by the applicant under Section 482 Cr.P.C. for seeking a direction upon the court below to decide the bail applications of the applicants. The applicants have earlier filed an application under Section 482 Cr.P.C. being Application U/S 482 No.-45327 of 2018 and the same has been decided vide order dated 4th January, 2019 with a direction upon the Trial Judge to ensure that the guidelines given in the case of Hussain and Another Vs. Union of India reported in (2017) 5 SCC Page-702 as well as in Brahm Singh and Others Versus State of U.P. and Others decided on 8th July, 2016 in Criminal Misc. Writ Petition No. 15609 of 2016 has to be carried in its letter and spirit, failing which an adverse inference would be drawn against the erring officers and this Court would be compelled to take appropriate action against them, if found that there is laxity in adhering the above directions. The Coordinate Bench has also provided that if the bail application of the applicants is not decided within seven days as contemplated above, the learned Judge will have to spell out the justifiable reasons and record the same on the order-sheet of such cases. In view of the aforesaid, the learned A.G.A. submits that this second application under Section 482 Cr.P.C. for same relief as they have already been provided in their first application is not maintainable and is liable to be dismissed.