Court No. - 49
Case :- APPLICATION U/S 482 No. - 28882 of 2018
Applicant :- Imran
Opposite Party :- State Of U.P. Counsel for Applicant :- Pankaj Bharti 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-warrants issued against the applicant vide order dated 1.8.2017 and all further orders passed in Session Trial No. 614 of 2015, State Vs. Imran), under Sections 147, 148, 307/149, 504, 506 IPC, arising out of Case Crime No. 1497 of 2014, Police Station Kotwali Nagar, District Muzaffar Nagar, pending in the court of Additional Sessions Judge, Court No.1, Muzaffar Nagar.
Learned counsel for the applicant submits that while the applicant had earlier been enlarged on bail in the present case, subsequently he has been arrested by the police in another case being Case Crime No. 775 of 2017. However, subsequently the applicant has been acquitted in that case.
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 45 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 Supreme 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, the non-bailable warrant issued against the applicant shall be kept in abeyance.
The present application stands disposed of.
Order Date :- 21.8.2018 Mini