Court No. - 49
Case :- APPLICATION U/S 482 No. - 24549 of 2018 Applicant :- Subhash Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Rajnish Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Sri Rakesh Tripathi-I, Advocate has filed his Vakalatnama on behalf of the opposite party no. 2 today, which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the NBW order dated 03.07.2018, order dated 05.05.2018 passed by the Addl. District & Session Judge with respect to the depositing the amount of interim maintenance awarded in Case No. 2951 of 2018 (State Vs. Subhash) under Sections- 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station- Mahila Thana, District- Ghaziabad by which the applicant's was enlarged on bail subject to the condition that he shall deposit a sum of Rs. 30,000/- towards maintenance allowance under the Protection of Women from Domestic Violence Act, 2005.
It is admitted that upon being enlarged on bail, the applicant initially made deposit of Rs. 12,000/- and moved an application for recall of order under the aforesaid Act for payment of maintenance allowance. In view of the non-payment of the balance Rs. 18,000/-, the bail order was cancelled. However, it is also on record that the applicant has still not surrendered though NBW has been issued against him.
In such circumstances, the applicant has deposited the balance amount of Rs. 18,000/- and now prays that his bail cancellation order be set aside.
Sri Rakesh Tripathi-I, learned counsel appearing for the opposite party no. 2 has opposed the present application. He submits that once the applicant has made default, he is not entitled to further relief.
Having considered the arguments so advanced by learned counsel for the parties, it appears, though the applicant had defaulted in complying with the order dated 25.05.2018, however, he has made good deficiency of the deposit with some delay.
Consequently, subject to the applicant depositing a further sum of Rs. 10,000/- before the learned Court below within a period of 30 days from today, it is directed that if the applicant appears and surrenders before the court below within that time and also 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 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 applicant shall be kept in abeyance.
The present application stands disposed of.
The amount of Rs. 30,000/- so deposited by the applicant shall be paid by the learned Court below to the opposite party no. 2. The same may be adjusted against final order passed in the maintenance proceedings noted above.
Order Date :- 30.7.2018 Abhilash