Court No. - 78
Case :- APPLICATION U/S 482 No. - 9496 of 2021 Applicant :- S.P. Ratra Alias Suraj Prakash Ratra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Mishra,Vinay Saran(Senior Adv.) Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicant and learned AGA through Video link and perused the record.
It is contended by learned counsel for the applicant that the non bailable warrant has been issued against the applicant by the trial Court and the applicant is ready to appear before the trial court and hence some protection may be granted to him.
In the circumstances, the applicant is advised to appear before the trial Court for cancellation of the non bailable warrant. Applicant is directed to surrender before the court concerned within 30 days from today. In case the applicant move the application for bail on the day of the appearance or surrender, the same shall be considered and disposed of expeditiously. The courts below are supposed to follow the law laid down by this Court in Amrawati and another Vs. State of U.P. 2004 (57) ALR 290, which has been approved by Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC) in letter and spirit.
For the period of 30 day, non-bailable warrant of arrest issued against the applicant shall be kept in abeyance.
With this direction this application is finally disposed of. Order Date :- 20.5.2021 RavindraKSingh Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.05.20 17:18:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad