Dismissed

Deepak Sonkar v. State of U.P. and Another

Allahabad HC13 Jun 2019A482/22599/2019

Case brief

AI extract

What is this about?

In an application seeking quashing of a non-bailable warrant, the single judge refused the prayer, holding no reasonable ground existed to quash. However, the court granted a 30-day window for surrender to consider a bail application, barring coercive action during this period.

What did the court decide?

Prayer for quashing refused. Applicant granted 30 days to surrender and apply for bail without coercive action.

Deepak Sonkar Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2019)

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Court No. - 2

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Case :- APPLICATION U/S 482 No. - 22599 of 2019

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Applicant :- Deepak Sonkar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Irfan Ali,Mohd Naushad Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh-I,J.

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Heard Sri Syed Irfan Ali, learned counsel for the applicant and Sri I.P.S. Rajpoot, learned A.G.A. for the State.

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This application has been filed under section 482 Cr.P.C. for quashing the non bailable warrant dated 18.07.2018 passed in S.T. No. 49 of 2014 (State Vs Pinto Mishra and others) passed by IV Additional Session Judge, Ghazipur arising out of Case Crime no. 604 of 2013, U/s 307 and 504 I.P.C., P.S. Saidpur, District Ghazipur.

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The contention of learned counsel for the applicants is that accused applicant has been falsely implicated in this case; applicant was consistently appearing before the trial court for his trial but on 18.07.2018, he failed to appear because he had come to Varanasi for his livelihood in search of job and lost contact with his counsel because of that he could not go on date due to which N.B.W. was issued against the applicant. Learned counsel for the applicant stated that the applicant is ready to surrender before the trial court.

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Learned A.G.A. has vehemently opposed the prayer for quashing.

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I do not find any reasonable ground to quash the N.B.W. as the same was issued by the court below to procure the attendance of the applicant.

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In view of the above, I find that there is no ground to quash the N.B.W. and the said prayer is refused.

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However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail then his bail application shall be considered and decided in accordance with law. For a period of 30 days from today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the

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court below within the aforesaid period, coercive action shall be taken against him.

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With the aforesaid directions, this application is finally disposed of. Order Date :- 13.6.2019 A. Mandhani

Deepak Sonkar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Deepak Sonkar v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

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