Court No. - 49
Case :- APPLICATION U/S 482 No. - 47045 of 2018 Applicant :- Santosh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raja Ram Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Vivek Chaudhary,J.
Heard learned counsel for the applicant and the learned A.G.A.
This application is filed by the applicant to quash the Non- Bailable Warrant dated 19.05.2018 and Section 82 of Cr.P.C dated 20.07.2018 as well as entire proceedings of the Criminal Case No. 1275 of 2005 (State vs. Santosh Kumar) arising out of case crimeno. 419 of 2005 under Section 323, 325, 504, 506 IPC Police Station Kotwali Mahoba, District- Mahoba, pending in the Court of Chief Judicial Magistrate, Mahoba.
After arguing at some length, learned counsel for applicant submits that grievance of applicant would be sufficiently met in case bail application of applicant is considered expeditiously in accordance with law.
In view thereof, it is provided that if the applicant surrenders before the Court below within three weeks from today and applies for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)].
For a period of three weeks, no coercive steps shall be taken against the applicant.
With the aforesaid, the application is disposed of.
Order Date :- 21.12.2018 Radhika
(Vivek Chaudhary,J.)