Court No. - 38
Case :- APPLICATION U/S 482 No. - 16478 of 2019 Applicant :- Deepak Kumar Singh @ Deepak Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This application under Section 482 Cr.P.C. has been filed to quash / set aside the order dated 24.1.2019 passed by Judicial Magistrate, 2nd Bhadohi in Misc. Application No. 01 of 2018 (State vs. Deepak Singh and others) arising out of Case Crime No. 315 of 2017, under Sections 409, 419, 420, 467, 468, 471, 474, 504, 506 & 120-B IPC, Police Station Bhadohi, District Bhadohi.
Heard Sri Sanjay Singh, learned counsel for the applicant and learned AGA for the State.
Learned counsel for the applicant has submitted that in the year 2018, a compromise was entered between opposite party no. 2 and co-accused Udai Raj Singh and applicant has reason to believe that the proceeding would have been disposed of, he had gone to Delhi for job, as such, could not appeared before the learned Magistrate. He wants to surrender before the learned Court and a direction regarding his expeditious disposal of bail may be passed.
Learned AGA has submitted that the applicant is absconding since 2017 and investigation against him is still pending and the order against him has not been complied due to his absconding, as such, no relief is required to be given to the applicant at this stage.
Looking into the facts and circumstances of the case, as the applicant is absconding since 2017, an investigation is still pending against him, non- bailable warrant and the process of 82 Cr.P.C. issued against him cannot be quashed at this stage. The prayer made by the learned counsel for the applicant is hereby refused.
However, it is provided that if the applicants appear or surrender before the Court concerned within 45 days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered as expeditiously as possible by the court below in accordance with law.
With aforesaid direction /observation, the instant application finally stands disposed of.
Order Date :- 30.4.2019 Saurabh