Court No. - 72
Case :- APPLICATION U/S 482 No. - 3296 of 2019 Applicant :- Dilshad Opposite Party :- State Of Up And Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Learned counsel for the applicant at the very outset submits that the applicant wants to surrender and participate in the criminal proceedings by co-operating trial.
In view of the undertaking so given by the applicant through his counsel before this Court, and keeping in view of the fact that the applicant was on bail, it is hereby provided that in case the applicant surrenders before the court below on or before 10th February, 2019 and apply for bail, his bail application shall be considered in accordance with the settled principles laid down by the Full Bench of 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 Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Till 10th February, 2019, no coercive measures shall be taken against the applicant pursuant to the dated 5.12.2017 in Case No.629 of 2017 (State v. Dilshad and Others) arising out of Case Crime No. 231 of 2005, under Sections 379,411 I.P.C., Police Station- Ahmadgarh, District Bulandshahar, pending in the court of Additional Civil Judge (S.D.)III, Bulandshahar.
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 :- 25.1.2019 Sanjeev