Court No. - 72
Case :- APPLICATION U/S 482 No. - 3494 of 2019 Applicant :- Balla Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Tripathi 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 Cr.P.C., applicant has challenged the non bailable warrant dated 16.01.2017 issued in Case No. 1489 of 2015, arising out of Case Crime No. 34 of 2015, State v. Raheesh Durrani & Others, under Sections 147, 148, 332, 353, 427, 336, 504, 506 and 34 IPC, P.S. Fatehpur Sikari, District Agra.
At the very outset, learned counsel for the applicant submits that he wants to surrender pursuant to the warrants issued and impugned herein this petition dated 16.01.2017. However, he wants that in the event he surrenders, his bail application should 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. and further prays that some reasonable time may be provided, to say two weeks.
In view of the above undertaking being given before this Court by the applicant through his counsel, as a one time measure, it is provided that in case, if the applicant surrenders pursuant to non-bailable warrant before the court concerned on or before 15.02.2019 and applies for bail, his bail application should be considered and dispose of applying the law laid down by Full Bench of this Court in Amrawati (supra) and confirmed by Apex Court in Lal Kamlendra Pratap Singh (supra) and till 15.02.2019 no coercive measure shall be taken against the applicant pursuant to non-bailable warrant. However, it is made clear that this protection is one time measure and in the event of default by the applicant in complying with the directions issued hereinabove, the protection granted shall stand discharged with no further opportunity to move any application in the same.
This application, accordingly, stands disposed of.
Order Date :- 29.1.2019 IrfanUddin