Court No. - 44
Case :- APPLICATION U/S 482 No. - 29986 of 2018 Applicant :- Anshul Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Raghvendra Singh, Advocate holding brief of Mr. Gaurav Kakkar, the learned counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed challenging the order dated 13.08.2018 passed by the 8th Additional District and Sessions Judge/ Special Judge POSCO Act, Muzaffar Nagar in Case No.168/9 of 2017, under Sections 354B, 386, 506, 452 I.P.C. and 7/8 Protection of the Children from the Sexual Offences Act, 2012 (hereafter referred to as "2012 Act"), P.S. Nai Mandi, District Muzaffar Nagar whereby the Non Bailable Warrant alongwith proclamation under Section 83 Cr.P.C. has been issued against the applicant.
It is submitted on behalf of the learned counsel for the applicant is ready to appear before the Court below provided some indulgence is granted by this Court. Considering the bonafide of the applicant, it is hereby provided that no coercive action shall be taken against the present applicant till 20.09.2018 The applicant shall appear before the Court below on or before 20.09.2018. In case the aforesaid direction is complied with, the bail application of the applicants shall be decided expeditiously by the Court below in the light of the law laid down by this Court in the case of Brahm Singh and others Vs. State of U.P. and others reported in 2016 (7) ADJ 151.
However in case of default, the interim protection granted by this Court to the applicant as well as the direction to consider the bail application of the applicant expeditiously both shall stand revoked automatically. The Court below shall thereafter proceed against the applicant in accordance with law.
With the aforesaid directions, the present application stands finally disposed off.
Order Date :- 5.9.2018 cks