Court No. - 49
Case :- APPLICATION U/S 482 No. - 25713 of 2018
Applicant :- Santosh Rai And 2 Others
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Suresh Kumar Srivastava,Amish Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 30.04.2018 as well as the entire proceedings of Case No. 149 of 1992 (State Vs. Pradhuman Rai and Others), under Sections- 147, 148, 149, 302, 201, 120-B I.P.C., pending in the court of C.J.M., Ballia.
Admittedly, against the charge sheet the applicants had approached this Court by means of Application U/S 482 No. 6331 of 2002 wherein interim order had also been granted on 05.12.2002. However, the said application was dismissed as infructuous on 20.10.2010.
Learned counsel for the applicants states that the applicants were not aware of that order and they came to know about the same upon NBW issued against them on 30.04.2018. Thereafter, the applicants appear to have file a restoration application in earlier Application U/S 482 No. 6331 of 2002 which is still pending.
Learned counsel for the applicants further states that if some indulgence is shown to the applicants, the applicants will not press the recall application filed in earlier 482 Application No. 6331 of 2002 and shall participate in the trial without seeking any undue or long adjournment.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by 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 Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 30 days from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
The present application stands disposed of. Order Date :- 31.7.2018 Abhilash