Court dismissed an application under Section 482 Cr.P.C. filed for bail. The applicant failed to comply with a previous order dated 1.4.2016 directing surrender before the trial court, rendering the current prayer unacceptable.
The prayer for bail was rejected and the application dismissed due to non-compliance with previous court orders.
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Court No. - 73
Case :- APPLICATION U/S 482 No. - 25171 of 2019
Applicant :- Vishwajeet Opposite Party :- State Of U.P. And Another Counsel for Applicant :- K.S. Tiwari,Vivek Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to consider and decide the bail application of the application in connection with complaint case no. 439 of 2015 (Misc. Case No. 561 of 2015) (Smt. Sushila Vs. Anil and others), under Sections 323, 506, 354-B IPC, Police Station Katghar, district Moradabad pending in the court of Additional Chief Judicial Magistrate-VIth, Moradabad.
Heard learned counsel for the applicant and learned A.G.A.
Applicant has already approached this Court against the summoning order vide Application U/S 482 No. 7056 of 2016 and on 1.4.2016 another Bench of this Court disposed of the application directing the applicant to surrender before the court concerned within thirty days and apply for bail. It appears that applicant did not comply with the order dated 1.4.2016.
Keeping in view the conduct of the applicant, prayer made in the application cannot be allowed.
The application is dismissed.
Order Date :- 26.7.2019 Sachdeva
2 issues framed by the court
Whether bail application should be allowed given the applicant's non-compliance with a prior order to surrender.
Whether the applicant's failure to comply with an earlier direction prevents the grant of bail in the instant application.
1 provisions across 1 enactments
Vishwajeet
State Of U.P.
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
