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Mahipal vs State Of U.P. And Another on 18 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 64

Case :- APPLICATION U/S 482 No. – 33979 of 2019

Applicant :- Mahipal

Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Virendra Singh Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Karuna Nand Bajpayee,J.

This application u/s 482 SectionCr.P.C. has been filed for quashing of impugned non bailable warrant order dated 28.3.2019 issued by learned A.C.J.M., Court No. 6, Bareilly in Criminal Case No. 669 of 2019, SectionState vs. Mahipal, arising out of Case Crime No. 523 of 2016, under Section 354 I.P.C., P.S.- Hafijganj, District- Bareilly.

Heard applicant’s counsel as well as learned AGA 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 order 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 ten 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 this order has been passed only with regard to the accused on behalf of whom this application u/s 482 SectionCr.P.C. has been moved in this Court.

With the aforesaid observations, this application is finally disposed off.

Order Date :- 18.9.2019

Naresh

 

 

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