Court No. - 53
Case :- APPLICATION U/S 482 No. - 14552 of 2018 Applicant :- Daryab Alias Viru Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Learned counsel for the applicant is permitted to correct the description of offences in the prayer clause and the head of the application.
Heard Sri Sanjay Singh, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA alongwith Sri Mayank Awasthi appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash Non-Bailable Warrants issued against the applicant vide order dated 20.05.2017 passed by the Special Judge/ (POCSO Act) ADJ, Court No.17, Agra in Special Case No.94 of 2015 arising out of Case Crime No.295 of 2014, under Sections 363, 366, 376, 511, 323, 120B IPC and Section 3/4 POCSO Act, PS Lohamandi, District Agra.
It has been submitted that the applicant was on bail but could not reach the court on 20.05.2017 and in consequence of which non-bailable warrants have been issued. It is submitted that the lapse has occurred on account of factors beyond the applicant's control and he is a law abiding citizen who wish to submit to the process of law, surrender and seek bail afresh.
Considering the aforesaid facts and circumstances, in particular, the fact that the applicant was on bail, 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 & Anr. 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 45 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of. Order Date :- 27.4.2018 Shahroz