Allahabad High Court
Pratap And 4 Others vs State Of U.P. And Another on 13 January, 2021
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 88 Case :- APPLICATION U/S 482 No. - 19006 of 2020 Applicant :- Pratap And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Ajit Kumar,J.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 30.5.2019 whereby nonbailable warrant has been issued against the applicants in Session Trial No.195 of 2015, under Sections 148, 323/149, 307/149, 504, 506, 153-A, 295-A IPC, P.S. Baraut, District Baghpat, pending in the court of Additional District and Sessions Judge, Court No.1, District Baghpat.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State.
Learned counsel for the applicants at the very outset submits that they want to surrender and apply for bail and for that some breathing time be provided.
Learned AGA for the State submits that he has no objection to the prayer made by learned counsel for the applicants.
At this stage, learned counsel for the applicant request that their plea for bail may be accepted and appropriate directions may be issued to the court below in that regard.
I do not see that any specific direction is needed to guide the discretion of Court to grant bail or to refuse it and no direction is equally needed to give any time frame as no exceptional circumstance has been referred to in the present facts of the case.
However, plea for consideration of bail has been made with an undertaking that they shall appear before the court below within 30 days from today to show his genuineness on one hand and bonafide to co-operate with the trial on the other.
I hereby direct court concerned to consider the bail application on its own merit and dispose of the same keeping in view the 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. In the interest of justice, it is hereby provided that keeping in view of the undertaking given on behalf of the applicant, no coercive steps shall be taken against the applicants for a period of 30 days from today in pursuance of the summoning order passed under Section 319 Cr.P.C.
This application, accordingly, stands disposed of.
It is made clear that in case the applicants does not abide by the undertaking given by his learned counsel, the interim protection, granted hereinabove, shall stand discharged and no further application shall be entertained for the correction or modification of this order.
The concerned Court/ Authority/ Official is further directed to verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 13.1.2021 Deepika