Vinay and Another vs State of U.P. and Another

Rajesh Dayal Khare, J.—Heard learned Counsel for the applicants and learned A.G.A. for the State respondents.

The present 482 Cr.P.C. application has been filed for quashing of the charge-sheet in Case Crime No. 8226/2009 u/s 498A, 323, 504, 506, 307 I.P.C. and 3/4 Dowry Prohibition Act.

It is contended that charge-sheet has been filed in the present case, copy of which has been filed as Annexure-2 to the accompanied affidavit and it has been pointed out by the learned Counsel for the applicant that no charge-sheet has been filed u/s 307 I.P.C. and the same has been filed only u/s 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act. Learned Counsel for the applicant has drawn the attention of this Court to the order of Sessions Judge, Kanpur in bail application No. 3356 of 2005 of Har Prasad Dwivedi in Case No. 772 of 2008, under Sections 498A, 323, 504, 506, 307 I.P.C. and 3/4 Dowry Prohibition Act. wherein it has been held that from the injury of the informant, offence of Section 307 I.P.C. is doubtful. Therefore, it is argued on behalf of the applicant that as the charge-sheet has not been submitted u/s 307 I.P.C., therefore, the applicant is not required to apply for bail u/s 307 I.P.C.

It is further argued that applicant No. 2 is a lady and therefore, her bail application may be considered, expeditiously, if possible on the same day.

After hearing learned Counsel for the applicants and learned A.G.A. this application is finally disposed of with a direction that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicant No. 2 shall be considered by the court below on the same day if possible, and so far as the applicant No. 1 is concerned, his prayer for bail shall be considered in view of the settled law laid by the Seven Judges'' decision of this Court in the case of Amrawati and Anr. v. State of U.P. reported in 2004 (57) ALR 290, as well as Judgment passed by Hon''ble Apex Court reported in 2009 (3) ADJ 322 Lal Kamlendra Pratap Singh v. State of U.P., after hearing the Public Prosecutor in the aforesaid crime number for the aforesaid offence. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However in case the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.