Court No. - 65
Case :- APPLICATION U/S 482 No. - 17031 of 2019 Applicant :- Ajay Yadav Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Virendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
Sri Manoj Kumar, Advocate has filed his vakalatnama on behalf of opposite party no.2, which is taken on record.
This application u/s 482 Cr.P.C. has been filed seeking the quashing of order dated 20.2.2019 passed by the Special Chief Judicial Magistrate, Varanasi in Criminal Case No. 6347 of 2012, State versus Ajay Yadav, arising out of Case Crime No.319 of 2011, under Sections 419 and 420 IPC, P.S.- Rohaniya, District- Varanasi 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 three weeks 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.
With the aforesaid observations, this application is finally disposed off.
Order Date :- 29.4.2019 CPP/-