RAM KISHAN MISRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under section 439 of the Code of Criminal Procedure, 1973 on behalf of Ram Kishan Misra and the prayer has been made that he may be permitted to surrender before this Court and his bail application may be considered on merits.

(2.) IN accordance with the prosecution case the applicant is sought to be prosecuted in Crime No. 458 of 1985, Police Station Kotwali, district Farrukhabad for an offence under section 302 IPC. The applicant has neither surrendered before the Magistrate nor before the Sessions Judge. He has made this application that he may be permitted to surrender before this Court and his bail application may be considered on merits.

(3.) I have considered the arguments advanced on behalf of the parties. In this case the present application has been moved before this Court without any such application having been moved either before the Magistrate or before the Sessions Court. The applicant has also not surrendered either before the Magistrate or before the Sessions Court, but he wants to surrender before this Court. The power of this Court for granting bail has been provided under section 439 CrPC 1973. It is better to set out the statutory provision of section 439 (1) CrPC, 1973 so far it is relevant for the present case :-