Court No. - 72
Case :- APPLICATION U/S 482 No. - 2293 of 2019
Applicant :- Vipul Rai
Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Furquan Ahmad (Alvi) Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Learned counsel for the applicant at the very outset submits that the applicant was already enlarged on bail and due to certain personal difficulty, he could not appear in the trial and hence, non-bailable warrants have come to be issued against him and now he wants to surrender and participate in the criminal proceedings by co-operating trial.
In view of the undertaking so given by the applicant through his counsel before this Court, it is hereby provided that in case the applicant surrenders before the court below on or before 6th February, 2019 and apply 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 judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
Till 6th February, 2019, no coercive measures shall be taken against the applicant pursuant to the non-bailable warrant dated 15.09.2017 issued by learned Chief Judicial Magistrate, Sant Kabir Nagar, in Case No. 3464 of 2014 (State vs. Vipul Rai & Others) arising out of Case Crime No. Nil of 2014, under Sections 41/414.P.C., Police Station- Kotwali Khalilabad, District- Sant Kabir Nagar .
However, it is made clear that this protection is one time measure on the undertaking given by the applicant through his counsel before this Court. In the event of default, the interim protection granted hereinabove shall stand discharged.
The application, accordingly, stands disposed of.
Order Date :- 21.1.2019 P Kesari