Court No. - 72
Case :- APPLICATION U/S 482 No. - 1053 of 2019 Applicant :- Banti @ Mushahid Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jai Prakash Prasad Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
The applicant is aggrieved against N.B.W. dated 28.11.2014, and pleads innocence on the ground that since he was already enlarged on bail and for some personal difficulty he could not appear before the court below. Having faced the orders of attachment, he has come to know that N.B.W. have already come to be passed against him. It is therefore pleaded that given one opportunity he shall surrender before the Court concerned and shall move appropriate bail application.
Learned Additional Government Advocate has not any objection if the applicant is directed to appear before the Court below within a stipulated period of time and his bail application is directed to be considered.
In view of the above, the applicant is directed to appear before the court below on or before 15.02.2019 and in the event the bail application is filed, the same shall be considered in accordance with law.
Till 15.02.2019, no coercive measures shall be taken against the applicants pursuant to the non- bailable warrant dated 28.11.2014 in S.T. No. 25 of 2013 (State of U.P. v. Mushahid @ Banti and others) arising out of Case Crime No. Nil of 2012, under Sections 41, 102 Cr.P.C., and Section 411, 413, 414 I.P.C., Police Station- Sikandrarau, District- Hathras (Mahamaya Nagar), pending in the Court of Additional District Judge-II, Hathras.
However, it is made clear that this protection is one time measure on the undertaking given by the applicants through their 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 :- 31.1.2019 P Kesari