Court No. - 72
Case :- APPLICATION U/S 482 No. - 3374 of 2019 Applicant :- Saharukh And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Vijay Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Learned counsel for the applicants at the very outset submits that the applicants were already enlarged on bail and due to certain personal difficulty, they could not appear in the trial and hence, non-bailable warrants have come to be issued against them and now they want to surrender and participate in the criminal proceedings by co-operating trial.
In view of the undertaking so given by the applicants through their counsel before this Court, it is hereby provided that in case the applicants surrender before the court below on or before 10th February, 2019 and apply for bail, their 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 10th February, 2019, no coercive measures shall be taken against the applicants pursuant to the non-bailable warrant dated 18.01.2018 in Case No. 1474 of 2016 (State of U.P. v. Saharukh & Others) arising out of Case Crime No. 24 of 2014, under Sections 294, 452, 323, 504 & 506 I.P.C., Police Station- Fatehpur Sikari, District- Agra, pending before Special Judge, PACSO Act, Agra.
However, it is made clear that this protection is one time measure on the undertaking given by the applicants through their 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 :- 25.1.2019 P Kesari