Court No. - 53
Case :- APPLICATION U/S 482 No. - 25421 of 2018 Applicant :- Satish Chandra Sharma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dharam Veer Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash the impugned non-bailable warrants and proceedings under Section 82 CrPC dated 25.06.2018 passed by the Additional Civil Judge (Senior Division), IV, Bareilly in Case No.70 of 2018-State Vs. Satish Chandra & Ors. (arising out of Case Crime No.1514 of 2014), under Sections 420, 504, 506 IPC, PS Kotwali Bareilly, District Bareilly.
It has been submitted that the applicant was on bail but could not reach court on 25.06.2018 and in consequence of which non-bailable warrants have been issued. It is submitted that the lapse has occurred on account of factors beyond the applicant's control and he is a law abiding citizen who wishes to submit to the process of law, surrender and seek bail afresh.
Considering the aforesaid facts and circumstances, in particular, the fact that the applicant was on bail, it is directed that if the applicant appears and surrenders before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati & Anr. 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.
For a period of 45 days from today or till the applicant surrenders whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 27.7.2018 Shahroz