KALI CHARAN Vs. STATE

JUDGEMENT

(1.) These are 30 cases on the applications by Kali Charan under Sections 491 and 498, Criminal P. C. The facts appearing from the affidavits and the papers sent by the Additional District Magistrate, Farrukhabad are as follows.

(2.) Kali Charan applicant was arrested at Sikandrabad district, Bulandshahr on the 9th of January 1951 in connection with 3 warrants issued from the court of Shri R.K. Garg, Judicial Officer, Farrukhabad on the report of Shri Zahir Hussain, Inspector, C. I. D., I. B., Uttar Pradesh, Lucknow in three cases under Sections 420, 468, 471, 474 and 120B, I. P. C. relating to crimes Nos. 90, 91 and 92 of police station Kotwali, Fatehgarh. The Sessions Judge, Bulandshahr released him on interim bail directing him to present himself at Fatehgarh within a week. The applicant complied with the order and Shri R.K. Garg, City Magistrate, Fatehgarh then ordered his release on the 18th of January in each case on bail on his executing a personal bond for Rs. 10,000/- with two sureties each in the like amount in spite of objections of the police that two dozen cases were under investigation against him. The result was that the applicant had to furnish surety worth Rs. 60,000/- to get his release in the three cases. He furnished the required security which after due verification was accepted by Shri R.K. Garg on the 29th of January 1951. On the 30th of January 1951 an application for cancellation of bail was presented to the same Magistrate. It was prayed that the accused be not released on bail. The Magistrate refused to cancel bail. This application is in file No. 5 against Behari Lal co-accused.

(3.) The same day, i. e., on the 30th of January another application by, Shri Zahir Hussain, Inspector, C. I. D. was presented to the same Magistrate. This application purported to be an application in case 'State V/s. Behari Lal alias Mukat Lal and others" and after praying for remand of Behari Lal up to the 12th of February 1951 stated in paragraph 2: