LAWS(ALL)-2012-4-34

DILIP PUSPAKAR Vs. STATE OF U.P.

Decided On April 30, 2012
DILIP PUSPAKAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) HEARD learned counsel for the applicant and learned A.G.A. for the State. The applicant, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer that his bail application in Case Crime No. 24 of 2010, under Sections 363, 366, 386 I.P.C., Police Station Mahila Thana, District Allahabad be ordered to be considered expeditiously, if possible on the same day by the Courts below. It is submitted by learned counsel for the applicant that the prosecutrix in her statement recorded under Section 164 Cr.P.C. has totally disowned the prosecution case as set out in the F.I.R.

(2.) CONSIDERING the facts and the circumstances of the case, it is provided that if the applicant moves an application for surrender before the court concerned within four weeks from today, the court concerned shall fix a date about ten days thereafter for the appearance of the applicant and in the meantime release the applicant on interim bail on such terms and conditions as the court concerned considers fit and proper till the date fixed for the disposal of the regular bail.

(3.) IN case the applicant fails to appear before the court concerned on the datesfixed, it will be open to the Public Prosecutor to move an application for cancelling the order of interim/final bail and the Court concerned may pass an appropriate order on merits.