Court No. - 49
Case :- APPLICATION U/S 482 No. - 6632 of 2018 Applicant :- Gorakh Singh Chauhan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ramakant Singh 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 non bailable warrant dated 25.04.2017 in Case No. 567 of 2015 arising out of Case Crime No. 604 of 2013, under Sections- 419, 420, 504, 506 I.P.C., Police Station-Kotwali Nagar, District- Mau.
Earlier the applicant had approached this court by means of Application U/s 482 Cr.P.C. No. 9457 of 2016, indulgence have been granted as below:
"However, it is directed that in case the applicants appear and surrender before the court below and apply for bail, their prayer for bail, shall be considered and decided in the light of the settled law laid down by this Court in the case of Amarawati 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 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P."
According to the applicant, he has not been able to appear before the court below as directed on account of cardiac ailment in proof of which he has annexed a copy of OPD registration slip at a hospital. No evidence that the applicant was hospitalized or such that he was unable to comply with the earlier direction issued by this Court, has been brought on record.
As such no interference is warranted, at this stage.
The present application is dismissed with the aforesaid observation.
Order Date :- 27.2.2018 Lbm/-