Arvind Tripathi vs State Of U.P. And Anr.
2015 Latest Caselaw 2922 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 
Case :- APPLICATION U/S 482 No. - 29950 of 2015
 
Applicant :- Arvind Tripathi
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Suresh Kumar Verma
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Ramesh Sinha,J.

Heard Sri Suresh Kumar Verma, learned counsel for the applicant, and Sri Awadesh Saxena, learned A.G.A. appearing for the State, and perused the record.

By means of this application the applicant has prayed for quashing the order dated 30.05.2015, passed by the learned Chief Judicial Magistrate, Jaunpur and subsequent proceeding in pursuance thereof so that applicant may able to surrender before the learned court below and apply for his bail in Case No. 7202 of 2008 (State Vs. Arvind), arising out of case crime No. 1109 of 2008, under Section 307, 324, 504, IPC, Police Station Kotwali, District Jaunpur, pending in the court of Chief Judicial Magistrate, Jaunpur, and further prayed for stay the proceeding of the aforesaid case.

It appears that applicant has earlier has earlier approached this Court by means of filing the application under Section 482 Cr.P.C. No. 11304 of 2014, and this Court vide order dated 15.04.2014 disposed of the same, and directed the applicant to obtain bail in accordance with law, but it appears applicant has not surrender before the court below in pursuance of the order of this Court, hence non-bailable-warrant has been issued against the applicant. 

After having heard the learned counsel for the parties present and perused the impugned order as well as the material brought on record, I do not find any justification for quashing the impugned order passed in the aforesaid case. The prayer for quashing the same is hereby refused.

However, it is directed that in case the applicant appears and surrender before the court below within two weeks from today and applies for bail, his prayer for bail shall be considered and decided in accordance with law.

For a period of two weeks from today, non-bailable-warrant issued against the applicant shall be kept in abeyance.

However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.

It is made clear that the applicant will not be granted any further time by this Court for surrendering before the Court below as directed above.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 6.10.2015/VKG