Court No. - 72
Case :- APPLICATION U/S 482 No. - 2332 of 2019
Applicant :- Kailash Narain And 2 Ors Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Krishna Kant Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Learned counsel for the applicants at the very outset submits that the applicants had earlier no knowledge of the charge-sheet under Section 448 of the I.P.C. and now applicants want to surrender and participate in the criminal proceedings by co-operating trial.
In view of the undertaking so given by the applicants through their counsel before this Court, it is hereby provided that in case the applicants surrender before the court below on or before 6th February, 2019 and apply for bail, their 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 6th February, 2019, no coercive measures shall be taken against the applicants pursuant to the non-bailable warrant dated 02.01.2016 issued by Chief Judicial Magistrate, Jhansi, in Case No. 1836 of 2012 arising out of Case Crime No. 915 of 2011, under Section 395 I.P.C., Police Station- Salempur, District- Deoria.
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 :- 21.1.2019 P Kesari