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Sohel Gupta @ Sohit Gupta v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. - 16076 of 2007 [2007] RD-AH 16569 (10 October 2007)

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Crl. Misc. Writ Petition No. 16076 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble Sudhir Agarwal, J.

We have heard learned counsel for the petitioner.

The contention of the petitioner that after being detained in civil prison, the petitioner's health suddenly deteriorated because of which government officials incharge of the prison ran away does not inspire confidence. That is not how this happens normally. On the other hand, the story set-up in the first information report that the relatives of the petitioner, who were presurrising for the release of the petitioner from the civil prison assembled with about 100 people, who forcibly entered the lock up and took away the detenue, appears to be more probable having regard to the general tendencies these days.

The above observations are only prima facie observations for the purpose of deciding this writ petition.

Quashing of the first information report and stay of arrest is granted normally when the incident alleged in the first information report is so highly unnatural or improbable that it would seem in all probability to be false, or where the averments in the first information report are proved to be false on the face of it by clinching material.

In these circumstances, we are unable to agree with the submission of the learned counsel for the petitioner regarding quashing of the first information report or staying the arrest.

But, considering the fact that the petitioner appears to be of reasonably affluent circumstances, having regard to the amount which was due from the petitioner, we direct that if the petitioner surrenders and applies for bail within 10 days from today, in case crime No. 2444 of 2007 under section 147/149/332/353 I.P.C. and 6/7 Criminal Law Amendment Act, P.S. Kotwali Bareilly district Bareilly, his bail application will be considered and disposed of by both the Courts below as expeditiously as possible.

The writ petition is disposed of as above.

Dated: October 10, 2007



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