Court No. - 49
Case :- APPLICATION U/S 482 No. - 9995 of 2018
Applicant :- Imran Khan
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vijay Kumar Kushwaha 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.
This application under Section 482 Cr.P.C. has been filed to set aside the proceeding under Section 82 Cr.P.C. in order dated 1.2.2018 in Criminal Case No. 1367 of 2017 (Case Crime No. 182 of 2017), under Sections 380, 457 IPC, Police Station Rajepur, District Farrukhabad.
Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed 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 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 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 and no more, from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
In case, the applicant does not appear before the Court below within the aforesaid period, the trial Court shall adopt all coercive measures to secure his attendance.
The present application stands disposed of. Order Date :- 28.3.2018 Mini