Court No. - 72
Case :- APPLICATION U/S 482 No. - 7340 of 2019 Applicant :- Ram Naresh Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Suresh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
By means of this application u/s 482 of the Code of Criminal Procedure, 1973, the applicant has assailed the order of N.B.W. and the coercive measure, pursuant thereto, being taken against the applicant. The N.B.W. has been issued by order dated 25.1.2017 while rejecting the application for exemption from personal appearance before the court below. The applicant has also brought on record the medical certificate to the effect that he is suffering from lumbar spondylosis and vertigo.
Be that as it may, taking the lenient view of the matter, 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 in Case No.1140 of 2011 (New No.1492 of 2018) arising out of Case Crime No.163 of 2009, under Sections 419, 420, 467, 468, 471, 323, 504, 506 I.P.C., Police Station Shivli, District Kanpur Dehat (Ramabai 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 :- 25.2.2019 Anand Sri./-