Court No. - 72
Case :- APPLICATION U/S 482 No. - 7426 of 2019 Applicant :- Virendra Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Sri Pranjal Mehrotra, learned Advocate has filed his Vakalatnama on behalf of opposite party no. 2, the same is taken on record.
Heard learned counsels for the parties.
By means of this application under Section 482 Cr.P.C., the applicant has prayed for a direction to the court below to consider and decide the bail application of the applicant in Case No. 24 of 2004, State v. Vicki and another and the charge sheet dated 18.07.2004 and cognizance order dated 20.09.2004 arising out of case crime no. 1329 of 2004, under Sections 380, 411 IPC, P.S. Katghar, District Moradabad.
In the aforesaid case, charge sheet has been filed way back on 18.07.2004.
No plausible explanation is forthcoming as to why the applicant has avoided compliance of the summons issued in the criminal proceedings. An accused in a criminal proceeding, if once instituted is a potential offender and is liable to honour the summons.
This Court cannot appreciate an unhealthy practice avoiding summons for years together and then call for exercise of discretionary power under Section 482 Cr.P.C. at such a belated stage. Nothing has been pleaded as to what is the stage of proceedings.
It is always open to the applicant to appear before the court below and apply for bail, in case if bail application is filed, it is expected to the court below to decide the same in accordance with law.
This Court declines to interfere in the matter. Consigned to record.
Order Date :- 26.2.2019 IrfanUddin