Court No. - 53
Case :- APPLICATION U/S 482 No. - 29075 of 2018 Applicant :- Lal Chandra Mishra Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant has come up with a prayer that his bail application may be considered, if possible, on the same day. Charge sheet has been submitted in the year 2016 and the court has issued non-bailable warrant of arrest on 17.11.2017. The applicant has not been arrested pending investigation looking to the provisions of Section 41(1)(b) Cr.P.C.
Considering the aforesaid facts and circumstances, it is directed that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their 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 45 days from today or till the applicants surrender whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, the application is finally disposed of.
Order Date :- 23.8.2018 Anoop