Heard learned counsel for the applicant and Sri Arun Kumar Pandey, learned A.G.A. for the State.
This present application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 5.8.2017 passed by Special Court CBI-6, Lucknow in Criminal Case No. 249 of 2017, Crime No. RC0062014A0009 of 2014, under Section 120-B read with Section 409, 420, 468, 471 IPC and Substantive Offences thereof 13(2) read with 13(1)(d) of P.C. Act, Police Station CBI/ACB, District Lucknow.
Learned counsel for the applicant submitted that impugned order passed is illegal, arbitrary, perverse and without evidence.
Learned AGA opposed and submitted that the impugned order is passed after considering whole evidence on record and is just and legal.
From the perusal of record, it transpires that after investigation, charge sheet has been submitted and cognizance was taken against the applicant.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the applicant, the Court is of the view that no case is made out to interfere with the impugned order. There is no infirmity or illegality in the said order. The prayer made in the application is refused.
However, it is observed that in case the applicant surrenders and applies for bail within two months from today, the same shall be considered and decided in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 and affirmed by Hon'ble Apex Court in Lal Kamlendra Pratap Singh Vs. State of U.P., reported in 2009 (3) ADJ 322 (SC). For a period of two months from today, no coercive action shall be taken against the applicant.
It is made clear that no further time shall be allowed to the applicant to surrender before the court concerned.
With the above observations, the present application stands disposed of finally.
Order Date :- 20.12.2019 A. Singh