Court No. - 49
Case :- APPLICATION U/S 482 No. - 19434 of 2018
Applicant :- Sheetal Kushwaha
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Geeta Kushwaha,Sunil Kumar Kushwaha
Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed to quash non- bailable-warrant dated 10.5.2018 passed by the Additional District and Session Judge F.T.C.-1, Jalaun at Orai, in S.T. No. 59 of 2017 arising out of Case Crime No. 268 of 2016, under Sections 452, 325, 323, 504, 506 IPC, Police Station Kotwali Orai, District Jalaun.
Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage.
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 applicant appears and surrenders before the court below within 30 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 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.
For a period of 30 days and no more, from today, the non-bailable warrant issued against the applicant shall be kept in abeyance.
In case, the applicant does not appear before the Court below within the aforesaid period, the trial Court shall adopt all coercive measures to secure his attendance.
The present application stands disposed of. Order Date :- 29.5.2018/Mini