Court No. - 72
Case :- APPLICATION U/S 482 No. - 6741 of 2019 Applicant :- Prakash Chandra Gupta Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Learned counsel for the applicant at the very outset submits that the applicant wants to surrender and participate in the criminal proceedings by co-operating trial.
In view of the undertaking so given by the applicant through his counsel before this Court, it is hereby provided that in case the applicant surrenders before the court below on or before 5th March 2019 and apply for bail, his 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 5th March, 2019, no coercive measures shall be taken against the applicant pursuant to the non-bailable warrant dated 31.01.2019 passed by Chief Judicial Magistrate, Gautambudh Nagar in case no. 5204 of 2018 arising out of case crime no 988 of 2017 under Section 420 IPC and 66,66C,66D of Information Technology (Amendment) Act, 2008 P.S. Sector 20 NOIDA, District Gautam Budh Nagar.
However, it is made clear that this protection is one time measure on the undertaking given by the applicant through his 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 :- 22.2.2019 Sanjeev