Court No. - 52
Case :- APPLICATION U/S 482 No. - 9500 of 2018 Applicant :- Pushpendra Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Rakesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A.
The present 482 Cr.P.C. petition has been filed for quashing the non- bailable-warrant order dated 12.2.2018 in Case no. 805 of 2015 (State vs. Pushpendra Singh) arising out of case crime no. 4 of 2014, u/s 323, 504, 506, 332, 353, 325 IPC, P.S. Atrauli, District Aligarh.
The prayer for quashing the order impugned is refused.
However, it is provided that if the applicant files an application for recalling of the non-bailable-warrant issued against him within three weeks from today, the said application may be considered and disposed as expeditiously as possible, in accordance with law.
It is stated that the applicant has not obtained bail till date, if it is so, the applicant appears and surrenders before the court below within three weeks 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 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.
For a period of three weeks 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 off.
Order Date :- 23.3.2018 Dhirendra/