Court No. - 72
Case :- APPLICATION U/S 482 No. - 7274 of 2019 Applicant :- Arjun Alias Ajay Alias Ajju Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arun Kumar Vishvakarma,Varun Kumar Vishwakarma Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
By means of this application u/s 482 of the Code of Criminal Procedure, 1973, the applicant has questioned the correctness of the N.B.W. issued first time on 03.02.2016. The applicant claims that the charge sheet was submitted on 6.3.2015 and he was enlarged on bail on 9.6.2015. Learned counsel for the applicant prays that one last opportunity to be considered for bail as the applicant intends to co-operate with the trial.
Learned Additional Government Advocate has no objection in the event the applicant surrenders and co-operates with the trial.
In view of the above, it is hereby provided that in case the applicant surrenders before the court below on or before 15th March 2019 and applies for bail, his bail application shall be considered on the ground that he was already enlarged on bail as also 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 15th March, 2019, no coercive measures shall be taken against the applicant in Criminal Case No.15869 of 2015 (State of U.P. Vs. Arjun @ Ajay @ Ajju) arising out of Case Crime No.0973 of 2014, under Sections 379, 411, 420 I.P.C., Police Station Sadar, District Agra.
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 :- 25.2.2019 Anand Sri./-