RAM PREET SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri Rakesh Dwivedi, learned counsel for the applicant as well as the learned counsel for the State.

(2.) This application is under S.439/482, Cr. P.C. seeking the relief of bail to the applicant.

(3.) A brief resume of the case is that a First Information Report under S.406, I.P.C. was lodged at P.S. Ranipur, District Haridwar on 7-12-1988 by one Sri Nepal Gupta. The applicant was employed and residing at Jhansi working as Electrical Data Processing Operator in B.H.E.L. Jhansi. After the First Information Report having been lodged at Haridwar against the applicant and subsequently warrant of arrest having been issued by the Munsif Magistrate (LCC) Haridwar against the applicant, the police of Jhansi arrested the applicant and produced him before the Chief Judl. Magistrate Jhansi, who granted bail to the applicant for seven days in order to enable him to surrender before the Munsif Magistrate (LCC) Haridwar. Upon being released on bail by the C.J.M. Jhansi, the applicant went to Haridwar in order to surrender himself before the Court, but there at Haridwar, he felt threats to his life and limb and consequently he moved this Hon'ble Court by means of a petition under S.482, Cr. P.C. This Hon'ble Court under S.482, Cr. P.C. directed the applicant to appear before the Court of Munsif Magistrate (LCC) Haridwar under adequate protection by the police but the applicant being terrorised, apprehended grave danger to his life and limb in surrendering before the Court at Haridwar and hence he moved this Hon'ble Court under Art.226 of the Constitution. A Division Bench hearing the petition of the applicant being satisfied with the impending danger to the life and limb of the applicant, in case he is obliged to surrender before the Court at Haridwar, directed the applicant to seek remedy under the provisions of the bail under S.439, Cr. P.C.