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
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.
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.
.