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1998 Supreme(All) 1422

HIGH COURT OF ALLAHABAD
A.N.Gupta, R.P.Nigam
SHARAD GUPTA
Versus
STATE OF U P
Decided On : 16 December 1998
Write Petition No. 3972 (M/b) of 1998

Advocates Appeared:
Rajendra Kumar Dwivedi,

Headnote:

Bail - Surrender and Bail Application - Allegation of Bias - Summary

Fact of the Case:

The petitioner, named in an FIR along with two others, sought to surrender and apply for bail, alleging bias due to the complainant being the son of a Chief Judicial Magistrate.

Finding of the Court:

The court directed the petitioner to surrender and apply for bail before the Chief Judicial Magistrate in another district, ensuring a fair process.

Issues: Allegation of bias, surrender and bail application in a case involving influential complainant.

Ratio Decidendi: The court emphasized the need for a fair and impartial process, directing the petitioner to seek bail in a different district to avoid potential bias.

Final Decision: The writ petition was disposed of, with the petitioner directed to surrender and apply for bail before the Chief Judicial Magistrate in another district.

An FIR against the petitioner and two other persons and one un-named person, has been lodged by one Amit Kumar Raidas under Sections 323/504/506, IPC and Section 3 (i) (x) of S. C. /s. T. Act, P. S. Kotwali District Lak himpur Kheri being case Crime No. 1033/98 which is said to be under inves tigation. In earlier writ petition No. 3846 (M/b) of 1998 this Court on 4- 12-98direc-ted Superintendent of Police, Lakhimpur Kheri to change the Investigating Officer who was required to complete the inves tigation independently. Now, this writ petition has been preferred by the petitioner alleging that Sri Amit Kumar Raidas maker of FIR is the son of Chief Judicial Magistrate posted at Lakhimpur Kheri and therefore, he is not getting as sistance of any counsel and he apprehends danger to his life. The petitioner wants to surrender and apply for bail but wants that some court in other district be empowered to pass orders.

2. In the circumstances of the case, it is directed that the petitioner may sur render and move bail application before Chief Judicial Magistrate, Sitapur who shall dispose of the same in accordance with law.

3. The writ petition is disposed of finally in the terms indicated above. W. P. disposed of.


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