Court No. - 72
Case :- APPLICATION U/S 482 No. - 2526 of 2019
Applicant :- Ajay
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Kumar,Babu Lal Ram
Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsels for the parties.
By means of this application under Section 482 Cr.P.C., the applicant has prayed for quashing of the charge sheet as well as cognizance order in S.S.T. No. 37 of 2013 (State vs. Ajay Saini & Others) arising out of Case Crime No. 719 of 2012 under Section 392 I.P.C., Police Station- Gunnar, District- Sambhal, pending in the Court of Special Judge, D.D.A., Badaun.
In the aforesaid case, non-bailable warrant has been issued on 20.11.2018.
Learned counsel for the applicant at the very outset submits that the applicant wants to surrender and participate in the criminal proceedings by co-operating trial.
In view of the undertaking so given by the applicant through his counsel before this Court, it is hereby provided that in case the applicant surrenders before the court below on or before 10th February, 2019 and applies for bail, his bail application shall be considered in accordance with the settled principles laid down by the Full Bench of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Till 6th February, 2019, no coercive measures shall be taken against the applicant pursuant to the non-bailable warrant dated 20.11.2018 issued by Special Judge, D.D.A., Badaun, in S.S.T. No. 37 of 2013 (State vs. Ajay Saini & Others) arising out of Case Crime No. 719 of 2012 under Section 392 I.P.C., Police Station- Gunnar, District- Sambhal.
However, it is made clear that this protection is one time measure on the undertaking given by the applicant through his counsel before this Court. In the event of default, the interim protection granted hereinabove shall stand discharged.
The application, accordingly, stands disposed of.
Order Date :- 22.1.2019 P Kesari