Court No. - 53
Case :- APPLICATION U/S 482 No. - 13684 of 2018 Applicant :- Rakesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Ajay Kumar, learned counsel for the applicant and Sri Shyamdev Yadav, learned A.G.A. along with Sri Ashutosh Diljan appearing for the State.
This is an application u/s 482 Cr.P.C. has been filed seeking to quash the non-bailable warrants issued against the applicant by learned Additional Civil Judge (Jr. Div.)-III, District Bulandshahr in case no.775 of 2017 (Old no.1630 of 2008) (State Vs. Rakesh Kumar), arising out of case crime no.137 of 2008, under Sections 279, 338, 427, 304-A IPC, Police Station Ahmadgarh, District Bulandshahr.
It has been submitted that the applicant was on bail but could not reach the court on 19.01.2016 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 if 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 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 45 days from today, no coercive action shall be taken against the applicant in the aforesaid case.
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 u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 25.4.2018/Anoop