Court No. - 49
Case :- APPLICATION U/S 482 No. - 29024 of 2018 Applicant :- Monu And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the non- bailable warrant order dated 11.8.2017 passed in the court of Juvenile Justice Board, Agra arising out of Case Crime No. 125 of 2008, under Section 323, 504, 506 I.P.C., Police Station Chhatta, District Agra, pending in the court of Juvenile Justice Board, Agra.
Learned counsel for the applicants states that admittedly, the applicants had been declared juvenile and they could not appear before the court on account of inadvertent mistake and not on design or purpose. It is further submitted that they have not appeared before the court for a long period of more than six years.
There is no error in issuance of non-bailable warrant against the applicants. No interference is warranted 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 applicants appear and surrender before the court below within 30 days and no more 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 30 days, from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
The present application is disposed of. Order Date :- 23.8.2018 Prakhar