Brijesh Singh Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

Brijesh Singh Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: (i) applicant to move an application to cancel the non-bailable warrant before the court below within three weeks with the certified copy of the order; (ii) court below to consider recalling the non-bailable warrant or directing fresh bail bonds within a further period of one week; (iii) non-bailable warrant kept in abeyance for six weeks; on failure to comply, the court below may adopt coercive measures to secure the applicant's appearance.

Issue for consideration

Whether the non-bailable warrant dated 26.04.2019 issued against the applicant in Criminal Case No.1032/ZX/2018 should be set aside.

Court's answer

The application under Section 482 Cr.P.C. is disposed of without expressing any opinion on the merits of the case, with directions to the applicant and the court below.

Ratio / Principle

The applicant shall move an application to cancel the non-bailable warrant before the court below within three weeks from the date of the order, along with the certified copy of the order.

Key takeaways

On such application, the court below shall exercise its discretion to pass appropriate orders, either to recall the non-bailable warrant issued against the applicant or to direct the applicant to file fresh bail bonds within a further period of one week thereafter.ratio¶10
The non-bailable warrant issued against the applicant shall be kept in abeyance for a period of six weeks from the date of the order.ratio¶11
In the event of the applicant's failure to act within the time directed, the court below may adopt all coercive measures to ensure his appearance.

Detailed headnote1 paragraphs

Criminal Procedure - Section 482 Cr.P.C. - Non-bailable warrant - Applicant, earlier granted bail, failed to appear before the trial court in Criminal Case No.1032/ZX/2018 (arising out of Case Crime No. 192 of 2014, under Sections 147, 149, 323, 504, 506 and 427 IPC, Police Station Mataundh, District Banda), whereupon non-bailable warrant dated 26.04.2019 was issued - Application to set aside the warrant disposed of without expressing any opinion on the merits - Directions: (i) applicant to move an application to cancel the non-bailable warrant before the court below within three weeks with certified copy of the order; (ii) court below to exercise its discretion to either recall the warrant or direct the applicant to file fresh bail bonds within a further period of one week; (iii) non-bailable warrant kept in abeyance for six weeks; on failure, the court below may adopt all coercive measures to ensure appearance.

Court No. - 52

Case :- APPLICATION U/S 482 No. - 3581 of 2020

Applicant :- Brijesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Islam Ahmad Counsel for Opposite Party :- G.A.

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to set aside the Non bailable warrant dated 26.04.2019 in Criminal Case No.1032/ZX/2018, arising out of Case Crime No. 192 of 2014, under Sections- 147, 149, 323, 504, 506 and 427 I.P.C., Police Station- Mataundh, District- Banda, pending in the court of Civil Judge (S.D.) Banda.

Learned counsel for the applicant contends that earlier the applicant had been granted bail by the competent court and thereafter he could not appear before the trial court. Hence non-bailable warrant has been issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and that the applicant has every intention to appear before the court concerned and participate in the trial.

Considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the following direction:

(i) the applicant shall move an application to cancel the non-bailable warrant issued against him before the court below within three weeks from today along with the certified copy of this order;

(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrant issued against the applicant or to direct the applicant to file fresh bail bonds within a further period of one week, thereafter;

(iii) for a period of six weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.

In the event of failure, on part of the applicant to act within time as directed above, the Court below may adopt all coercive measures to ensure his appearance.

Order Date :- 28.1.2020 Junaid