Court No. - 72
Case :- APPLICATION U/S 482 No. - 6930 of 2019 Applicant :- Tapeshwari Prasad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shimla Devi,Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
Learned counsel for the applicant at the very outset submits that the applicant wants to surrender and participate in the criminal proceedings by co-operating with trial pursuant to the non- bailable warrant dated 19th November, 2015 issued against him.
In view of the undertaking so given by the applicant through his counsel before this Court and looking to the fact that the applicant was already on bail, it is hereby provided that in case the applicant surrenders before the court below on or before 6th March, 2019 and applies for bail, his bail application shall be considered in accordance with the settled principles laid down by the Full Bench of this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Till 6th March, 2019, no coercive measures shall be taken against the applicant pursuant to the non-bailable warrant dated 19th November, 2015 passed by Additional Chief Judicial Magistrate, Room No.17, Allahabad in Case No. 391 of 2012, arising out of Case Crime No.- 187 of 2011, under Sections 147, 452, 323, 504, 506 I.P.C., Police Station- Soroan, District- Allahabad.
However, it is made clear that this protection is a one time measure on the undertaking given by the applicant through his counsel before this Court and in the event of default, the interim protection granted hereinabove shall stand discharged and no further application shall be entertained on that count at the behest of the applicant.
The application, accordingly, stands disposed of.
Order Date :- 22.2.2019 Atmesh