Court No. - 53
Case :- APPLICATION U/S 482 No. - 19307 of 2018 Applicant :- Yogesh Alias Yogendra Kumar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mayank Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard learned counsel for the applicant and the learned AGA for the State.
This application has been filed with a prayer to quash the N.B.W. dated 11.05.2018 passed by the Special Judge (Dacoity Affected Area), Etawah in Session Trial No. 26 of 2008 (State Vs. Yogesh and Others) under section 364-A IPC, Police Station - Ekdil, District - Etawah arising out of Case Crime No. 316 of 2007.
It has been submitted that the applicants were on bail but could not reach the court on 11.05.2018 and in consequence thereof, non-bailable warrants have been issued. It is submitted that the lapse has occurred on account of factors beyond the applicants' control and they are law abiding citizen who wishe to submit to the process of law, surrender and seek bail afresh.
Prayer for quashing the N.B.W. is refused.
However, considering the aforesaid facts and circumstances, particularly, the fact that the applicants were on bail, it is directed that if the applicants appear and surrender before the court below within 45 days from today and apply for bail, their prayer for bail 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. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 45 days from today, no coercive action shall be taken against the applicants in the aforesaid case.
However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 29.5.2018/Amit Mishra