Court No. - 54
Case :- APPLICATION U/S 482 No. - 31429 of 2018
Applicant :- Hemant Kumar Alias Raja Yadav
Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Bahadur Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel the applicant and learned A. G. A.
The present application under Section 482 Cr. P. C. has been filed for quashing the order dated 01.12.2016 passed by Additional Chief Judicial Magistrate, Jhansi in Case No.3304 of 2014 arising out of Case Crime No. 179 of 2013(State Vs. Murari Yadav and others) under Section-307 IPC, Police Station- Samthar, District-Jhansi by which non-bailable warrant has been issued against the applicant for ensuring his presence in the aforesaid case after he failed to respond to the summons and bailable warrants issued against him in this case.
It is contended by learned counsel for the applicant that the applicant was bailed out on 10.02.2014. Thereafter, he has never appeared in the court. Consequently, non-bailable warrant was issued against the applicant on 01.12.2016. Since then, he is absenting himself from the proceedings. It is contended by learned counsel for the applicant that the applicant is ready to appear before the Court and participate in the proceedings of the case and would not take any adjournment in future.
The prayer for quashing the order issuing non-bailable warrant is refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2005 Cr. L. J. 755 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 30 days from today till the applicant surrenders and applies for 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 :- 17.9.2018/Sumit S