GAURAV TYAGI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Prashant Kumar Singh, learned counsel for petitioner and learned AGA.

(2.) By means of present petition, petitioner has challenged order dtd. 19/3/2024 passed by learned Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.1, Ghaziabad in Case No.1739 of 2023, arising out of Case Crime No.86 of 2018, under Sec. 379, 411 IPC, P.S. Link Road, District Ghaziabad as well as order dtd. 13/5/2024 passed by learned Sessions Judge, Ghaziabad in Criminal Revision No.258 of 2024.

(3.) Learned counsel for petitioner submitted that at the time of seeking bail, petitioner had preferred an application at the very initial stage i.e. on dtd. 14/3/2018 through which specific prayer was made for collection of CDR and location of concerned police personnels since the allegation which has been put forward under which the petitioner was implicated, was only on the basis of phone calls which has been made from certain police personnels to the petitioner, whereupon he responded in shape of appearing himself at the place of alleged occurrence, otherwise it is the defence taken up by petitioner that he was not involved in the matter which culminated into registration of Case Crime No.86 of 2018 in any manner whatsoever. It has been further submitted by learned counsel for petitioner that the application dtd. 14/3/2018 was kept pending by learned court concerned which compelled the petitioner for filing Application U/S 482 No.8666 of 2020 and the same was decided on dtd. 15/2/2022 with a direction to the learned court concerned to decide the application dtd. 19/11/2019 which was of the same essence as preferred on dtd. 14/3/2018, in accordance with law, as expeditiously as possible without granting any unnecessary or long adjournments either of the parties, preferably within a period of three months from the date of production of a certified copy of this order before it.