Court No. - 72
Case :- APPLICATION U/S 482 No. - 6580 of 2019 Applicant :- Rakesh Chaudhry @ Rakesh Babu Opposite Party :- State Of U.P.And Anr Counsel for Applicant :- Piyush Dubey 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 with 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 15th 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 15th March, 2019, no coercive measures shall be taken against the applicant pursuant to the cognizance order dated 16.2.2017 passed by Additional Chief Judicial Magistrate, Court No. 11, in chargesheet dated 28.4.2015 in case crime no. 130 of 2013, under Section 420,467,468,471,406,504,506 IPC, P.S. Lohamandi, District Agra.
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 :- 21.2.2019 Sanjeev