Court No. - 53
Case :- APPLICATION U/S 482 No. - 19991 of 2018 Applicant :- Mukesh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Learned counsel for the applicant is permitted to correct the date of the non-bailable warrants of arrest in the application during the course of the day.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the entire proceedings as well as the non-bailable warrants dated 02.05.2016 passed by the Additional Sessions Judge, Shikohabad, District Firozabad in SST No.147 of 2012 (State Vs. Mukesh) arising out of Case Crime No.166 of 2012, under Section 22 NDPS Act, PS Shikohabad, District Firozabad pending in the Court of the learned Additional Sessions Judge, Court No.9, Firozabad.
It has been submitted that the applicant was on bail but could not reach court on 02.05.2016 and in consequence of which non-bailable warrants have been issued. It is submitted that the lapse has occurred on account of factors beyond the applicant's control and he is a law abiding citizen who wishes to submit to the process of law, surrender and seek bail afresh.
Considering the aforesaid facts and circumstances, in particular, the fact that the applicant was on bail, it is directed that in case 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 & Anr. 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 disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of. Order Date :- 31.5.2018 Shahroz