Heard learned counsel for the applicant and the learned AGA appearing on behalf of the State.
The applicant has come up challenging the Non-bailable Warrant dated 21.06.2016, issued in Criminal Case No.5862 of 2011 (arising out of Case Crime No.143 of 2011), under Sections 147, 148, 149, 307, 504 and 506 IPC, Police Station Dankaur, District Gautam Budh Nagar, pending before the Additional Chief Judicial Magistrate-I, Gautam Budh Nagar.
It is submitted that Non-bailable Warrants have been issued against him in the said case about which he was not aware. It is urged that the crime was registered against the applicant during a farmers agitation about land acquisition and payment thereof, by the Yamuna Expressway Development Authority. He was, therefore, not at all aware about the pendency of the case, until the last of the coercive processes issued, reached his doorsteps. It is further stated on behalf of the applicant that he wishes to surrender and seek bail.
In view of the facts and circumstances, in case the applicant surrenders and applies for bail before the court below within 45 days from today, the same 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., 2004 (57) ALR 290 and affirmed by Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P., 2009 (3) ADJ 322 (SC). For a period of 45 days from today, no coercive action shall be taken against him. However, in case, applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
The application is disposed of accordingly.
Order Date :- 10.2.2021 NSC