Allahabad High Court
Ganesh Pal & Others vs State Of U.P.& Another on 5 January, 2010
Author: Dasu Ram Azad
Bench: Dasu Ram Azad
Court No. - 53 Case :- APPLICATION U/S 482 No. - 6367 of 2009 Petitioner :- Ganesh Pal & Others Respondent :- State Of U.P.& Another Petitioner Counsel :- Vidit Narayan Mishra Respondent Counsel :- Govt. Advocate,B.P. Verma Hon'ble Dasu Ram Azad,J.
Learned learned counsel for the applicants and learned A.G.A. for the State.
The applicants, through the present application under Section 482 Cr.P.C. have invoked the inherent jurisdiction of this Court with the prayer that their bail application in Complaint Case No. 783 of 2008 (Vi9mlesh Vs. Ganesh Pal and others) under Sections 498A I.P.C. and Section 3 / 4 of the Dowry Prohibition Act Police Station Nauhshil District Mathura pending in the Court of Judicial Magistrate, Mathura .
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 surrender before the court below within 30 days from today and apply for bail, their bail application shall be considered and decided in view of the settled law laid down by the Seven Judges, decision of the Court in the case of Amarawati and another Vs. State of U.P., reported in 2004 (57) ALR, 290 and the said judgment has been affirmed by the Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. , decided on 23.3.2009, in Criminal Appeal No. 538 of 2009 after hearing the public prosecutor in the aforesaid case.
Till then, no coercive process shall be adopted against the applicants in pursuance of the aforesaid case.
5.1.2010 6367/09 n.u.