Court No. - 52
Case :- APPLICATION U/S 482 No. - 6145 of 2018 Applicant :- Dharmendra Kumar Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The instant application under Section 482, Cr.P.C. has been filed by the applicant for quashing the order dated 2.2.2018, passed by Additional District and Sessions Judge, Court No.10, Allahabad, arising out of case crime no.798 of 2017, under Section 363, 366, 376 IPC and 3/4 D.P. Act and 3/4 PACSO Act, police station Colonelganj, district Allahabad.
It is contended by learned counsel for the applicant that the applicant is ready to surrender before the court concerned within a period of three weeks.
The prayer for quashing the order is refused.
However, it is provided that if the applicant appears and surrenders before the court below within three weeks from today and applies for bail, then the bail application of the applicant 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 judgment 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 three weeks from today or till the disposal of the application for grant of bail whichever is earlier, the process issued under Section 82 Cr.P.C. shall remain in abeyance. However, in case, the applicant do 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 :- 23.2.2018 Hasnain