Court No. - 49
Case :- APPLICATION U/S 482 No. - 24915 of 2018
Applicant :- Bunty
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anurag Dubey 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.
The present 482 Cr.P.C. application has been filed to quash the NBW dated 11.05.2018 issued by the learned Addl. Session Judge, Court No. 5/Special Judge (Gangster Act), Mainpuri and the proceeding U/s 82 Cr.P.C. issued on 11.05.2018 against the applicant as well as the entire proceedings of GST No. 244 of 2012 (State Vs. Banti & Others), arising out of Case Crime No. 251 of 2002, under Section 2/3 Gangster Act, Police Station- Kotwali, District- Mainpuri, pending in the court of learned Addl. Session Judge, Court No. 5 (Gangster), Mainpuri.
Learned counsel for the applicant submits that the applicant had earlier been enlarged on bail, however, he did not have knowledge of transfer of the proceedings from Agra to Mainpuri. Thus, he could not appear on some dates before the learned court below. Consequently, NBW has been issued against the applicant.
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 as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.
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 45 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 Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of. Order Date :- 26.7.2018 Abhilash