Ash Mohammad vs State of U.P. and Another

Bala Krishna Narayana, J.—Heard learned counsel for the applicant and learned A.G.A. for the State. This application u/s 482 Cr.P.C. has been filed with a prayer to quash the order dated 27.08.2013 passed by Judicial Magistrate-I, Bulandshahr in Case No. 2567 of 2007, State v. Ash Mohammad, under Sections 279, 338, 304A, 427 IPC, Police Station-Aurangabad, District-Bulandshahr by which N.B.W. has been issued against the applicant for enforcing his appearance in aforesaid case.

After having heard the learned counsel for the applicant and perused the impugned order as well as the materials brought on record, I do not find any justification for quashing the order dated 27.08.2013.

However, it is directed that if the applicant appears and surrender before the court below within 45 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another v. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon''ble Apex Court reported in Lal Kamlendra Pratap Singh Vs. State of U.P. and Others, For a period of 45 days from today or till the applicant surrenders and applies for bail whichever is earlier, no coercive action shall be taken against the applicant. It is being made clear that in case the applicant failed to surrender before the concerned court within the period indicated hereinabove, this application shall stand dismissed without any further reference to the court below. With the aforesaid directions, this application is finally disposed of.