Court No. - 72
Case :- APPLICATION U/S 482 No. - 3503 of 2019 Applicant :- Virendra Kumar Gupta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Harikesh 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.
This application U/s 482 Cr.P.C. is directed against the summoning order dated 11.02.2016 and bailable warrant order dated 04.12.2018 in Complaint Case No. 2476 of 2015, Mahesh Singh v. Virendra Kumar Gupta, under Section 138 N.I. Act, Police Station-Link Road, District-Ghaziabad pending in the court of Additional Civil Judge (Jr. Div.), Court No. 3, Ghaziabad/ Judicial Magistrate, Ghaziabad.
At the very outset learned counsel for the applicant submits that he wants to surrender and participate in the proceedings pursuant to summoning order dated 11.02.2016 and bailable warrant dated 04.12.2018 impugned herein this application. He wants that one last opportunity may be afforded to surrender and appear before the court below.
As a one time measure it is hereby provided that in case if the applicant surrenders within a period of 30 days from today, his bail application shall be considered in accordance with law. The Court shall exercise its discretion strictly in accordance with the law 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.
Meanwhile, as one time measure, it is provided that no coercive measures shall be taken against the applicant for a period of 30 days from today pursuant to the summoning order dated 11.02.2016 and bailable warrant order dated 04.12.2018 in Complaint Case No. 2476 of 2015, Mahesh Singh v. Virendra Kumar Gupta, under Section 138 N.I. Act, Police Station-Link Road, District-Ghaziabad pending in the court of Additional Civil Judge (Jr. Div.), Court No. 3, Ghaziabad/ Judicial Magistrate, Ghaziabad.
This application, accordingly, stands disposed of.
Order Date :- 29.1.2019/IrfanUddin