Need an advice on HIghcourt order
Need an advice on allahabad high court. as my advocate says i have to spend couples of night into jail before geting bail. please help me either i have to go SC for the same ????
Court No. - 53
Case :- APPLICATION U/S 482 No. - 28**** of 2015
Applicant :- Sh**** ******
Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- Sxxxxxxxxx
Counsel for Opposite Party :- Govt. Advocate
Heard Sri xxxxxxxxxxxxxx learned counsel for the applicant and Sri Vxxxxxxxxxxxxx, learned Brief Holder for the State.
This application under Section 482 Cr.P.C. has been filed with a prayer to
quash the N.B.W. order dated 21.8.2015 passed by learned A.C.J.M.-Ist,
XXXXXXXXXXX in Case No. XXXXXX of 2013 (State Vs. XXXXXXXXXX and others)
in Case Crime No. XXX of 2012, under Sections 498, 323, 504, 506 I.P.C. and
3/4 D.P. Act, P.S. xxxxxx, District xxxxxxxx.
After having heard the learned counsel for the applicant and perused the
materials brought on record, I do not find any justification for quashing the
impugned order in the aforesaid case. The prayer for quashing the same is
However, it is directed that if the applicant appears and surrenders before the
court below within three weeks 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 Vs. State of U.P. reported in 2004
(57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in
2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of three weeks from today, non-bailable warrant issued against
the applicant shall be kept in abeyance.
In case, the applicant does not appears before the Court below within the
aforesaid period, trial Court is free to take coercive action 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 :- 22.9.2015