Rajendra vs State of U.P. and Another

Giridhar Malaviya, J.—The only prayer to which this petition has been confined during the arguments is relating to the facts mentioned in paragraph 16 of the affidavit of Rajendra Prasad which says that in the Courts at Saharanpur bail applications are not decided the day the accused surrenders but the bail applications are decided after a week without any fault on the part of the applicant. It is consequently prayed that a direction be issued that the bail application of the applicant may be considered on the same day. However, the allegation in paragraph 16 of the affidavit cannot be accepted as it is not believable that bail applications are not decided forthwith when they are presented in the Courts below (?) get without adverting to the correctness or otherwise of this allegation all that need be said here is the fact that is always expected that as and when a particular person surrenders and makes an application for bail in the Court below, the bail application should be considered by the Courts concerned on the same day. If the Court below has to adjourn the decision on the bail application to enable the Public Prosecutor to obtain instructions then in that case the Court below should direct the applicant to appear again on a date fixed by the said Court for disposal of the bail application with a further direction to the police not to arrest such an applicant till his bail application has been disposed of by the Court below. This practice should be universally adopted both by the Courts of the Sessions as also by the Courts of the Magistrates. With this observation the present petition is finally disposed of.

Let a certified copy of this order be given to the learned Counsel for the applicant on payment of usual charges.