This court disposed of an application under Section 482 CrPC seeking admission to bail. Granted bail on the condition that the applicant appears promptly and does not absent himself.
Admitted to bail on conditions of prompt appearance and no absence.
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Court No. - 42
Case :- APPLICATION U/S 482 No. - 23359 of 2018
Applicant :- Kamla Kant Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Krishna Mani Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. and perused the material brought on record.
This application under Section-482 Cr.P.C. has been filed with a prayer to quash the N.B.W. order dated 16.11.2016 issued by IInd Additional Chief Judicial Magistrate in Case No.274 of 2015 (State vs. Kamla Kant and others) arising out of Case Crime No.580 of 2014, under Section - 3/5A/8 Prevention of Cow Slaughter Act and 11 Animal Cruelty Act, Police Station-Lalganj, DistrictMirzapur.
It has been submitted on behalf of the accusedappellant-Kamla Kant that previously in this case, he was on bail, but non-bailable warrant has been issued on account of his absence on the date fixed before the court below. However, he undertakes that in case, he is given reasonable time, he will present himself before the court concerned and will co-operate with the ongoing proceeding before the trial court and will not commit default from now onward.
In view of promise so extended on behalf of the applicant, let the applicant be admitted to bail and given a chance to participate in the ongoing proceeding on specific terms that he shall not absent himself and will remain present on each date fixed in the case and will not cause any delay in the trial.
The applicant is directed to appear before the court concerned within two weeks from today and in case, if the applicant files bail application before the trial court, the same shall be considered
on aforesaid conditions to the satisfaction of the court concerned.
With the aforesaid observations/directions, this application stands disposed of .
Order Date :- 10.8.2018 S Rawat
1 issue framed by the court
Whether bail should be granted to the accused despite the issuance of a non-bailable warrant due to absence.
1 provisions across 1 enactments
Kamla Kant
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
