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Allahabad High Court · body

2015 DIGILAW 2064 (ALL)

Raj Narayan Chauhan v. State of U. P.

2015-07-23

SHASHI KANT

body2015
JUDGMENT Shashi Kant, J. Heard Sri Manoj Yadav, learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record. 2. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the order dated 06.09.2013, passed by Chief Judicial Magistrate, Ballia in Complaint Case No. 41 of 2011 - Sushil Kumar Chauhan Vs. Jitendra Chauhan and Others, under Sections 323, 504, 506 I.P.C. at Police Station - Sukhpura, District - Ballia, whereby non bailable warrant has been issued against the applicants. 3. After arguing at length, learned counsel for the applicants submits that he does not want to press this application on merit and he confines his prayer only to the extent that a direction may be issued so that the applicants may surrender before the court concerned. 4. In view of aforesaid and without expressing any opinion on the merits of the case, this application is disposed of with the direction that if the applicants surrender before the courts below within thirty days from today, and apply for bail, their prayer for bail shall be considered and decided by the courts below in view of the settled law laid down by the Full Bench of this Court in the case of Amrawati & Another Vs. State of U.P. reported in 2004 (57) ALR 290, as affirmed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC). 5. It is made clear that this order shall not be treated as an implied direction of this Court to grant bail to the applicants and the trial court shall be at liberty to pass appropriate order in accordance to law. 6. Till the aforesaid period of thirty days, no coercive measures shall be taken against the applicants in the aforesaid case. 7. In case, applicants fail to surrender before the Courts below, within the stipulated period of thirty days, no prayer for extension of time shall be entertained.