Court No. - 49
Case :- APPLICATION U/S 482 No. - 19296 of 2018
Applicant :- Ashok Patel
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- P.K. Upadhyay,Kalpna Upadhyay
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed to quash the order dated 22.3.2018 passed by Special Judge (ST/SC Act), Varanasi and entire criminal proceeding of Criminal Session Trial No. 18 of 2017 arising out of Case Crime No. 388 of 2016 (State Vs. Vishal Chaudhary), under Sections 452, 323, 504, 506, 427 and 325 IPC and 3(1) (X) SC/ST Act, Police Station Bhelupur, District Varanasi, pending in the Court of Special Judge (SC/ST Act), Varanasi.
Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by 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.
For a period of 30 days and no more, from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
In case, the applicant does not appear before the Court below within the aforesaid period, the trial Court shall adopt all coercive measures to secure his attendance.
The present application stands disposed of. Order Date :- 29.5.2018 Mini