Allahabad High Court
Smt. Santosh Singh vs State Of U.P. And Another on 11 July, 2019
Author: Karuna Nand Bajpayee
Bench: Karuna Nand Bajpayee
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 64 Case :- APPLICATION U/S 482 No. - 24252 of 2019 Applicant :- Smt. Santosh Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kamla Singh,Ali Hasan,Vijay Shanker Singh Counsel for Opposite Party :- G.A.,Rajesh Kumar Pandey Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of order dated 22.4.2019 passed by the Upper Chief Judicial Magistrate, Bhadohi, Gyanpur in Criminal Case No. 02 of 2019, under Sections 419, 420, 467,471 and 120-B IPC, P.S.- Aurai, District- Bhadohi whereby non bailable warrants have been issued against the applicant.
Heard applicant's counsel, learned AGA and learned counsel for opposite party no.2 and perused the record.
The Court does not see any illegality, impropriety and incorrectness in the impugned order under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned orders is refused.
Applicant's counsel submits that as it is being desired by the accused to obtain bail after surrendering in the court below, a protective direction may be issued to the lower court to decide the proposed bail application.
In view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within 10 days from today, the same shall be considered and decided in accordance with law.
In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.
It is made clear that if this order is not availed by the accused within stipulated period of time, no time extension application shall be entertained.
It is further clarified that for the present this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.
As it has been submitted by the learned AGA as well as learned counsel for the opposite party no.2 that similar kind of liberty to appear before the court below and obtain bail has already been granted by the Court but the accused-applicant instead of complying with the same has misused it, it may be observed that the accused must appear before the court below and move an application for bail within a period of ten days from today. No such further or similar liberty shall be granted to the applicant.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 11.7.2019 CPP/-