Court No. - 45
Case :- APPLICATION U/S 482 No. - 46039 of 2018 Applicant :- Munna Kabadi @ Aafaq Ahmad Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Mohd. Asim Zulfiquar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,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 order dated 28.11.2018 as well as the entire proceedings of Sessions Trial No. 284 of 2018, under Sections- 395, 397, 412, 120-B I.P.C. and 3(2)(V) SC/ST Act, Police Station- Saini, District- Kaushambi, pending in the court of Additional District and Sessions Judge, Court No.2, Kaushambi.
Submission is that the applicant was earlier enlarged on bail by the court below on 07.9.1996, when the trial was pending before the District Sessions Judge, Allahabad. Later after creation of District Kaushambi, the trial has been transferred to District Kaushambi. His bail bonds have not been kept on record and therefore, the proceedings under Section 82 Cr.P.C. have been initiated against him.
It is open for the applicant to bring these facts to the notice of the court. The applicants states that he has got the certified copy of the Bail Register, which he can produce before the court below. If the court below is satisfied by the applicant, it will accept fresh bail bonds and sureties from the applicant and continue him on bail.
The applicant shall file a fresh application before the court below within the period of one month and the court below shall decide the application within a period of one month thereafter.
Till the application is decided, no coercive measures shall be taken against the applicant.
With the aforesaid observations, this application is disposed off.
Order Date :- 19.12.2018 Ruchi Agrahari