Partly allowed

Raja Ram Singh Alias Rajaram Bhagwati Singh and Another v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Allahabad HC1 Jun 2022/3004/2022

Case brief

AI extract

What is this about?

Single bench application to quash non-bailable warrant and trial proceedings. Court set aside warrant and directed fresh bond without expressing opinion on merits.

What did the court decide?

Non-bailable warrant dated 01.02.2021 set aside; applicants directed to file fresh personal bond of Rs.1 lakh and appear.

What the court decided

Raja Ram Singh Alias Rajaram Bhagwati Singh and Another Vs State of U.P. Thru. Secy. Home Deptt. Lko. and Another — Allahabad HC (2022) — LawSathi Research

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 3004 of 2022

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Applicant :- Raja Ram Singh Alias Rajaram Bhagwati Singh And Another

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Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Anil Kumar Srivastava,Sweta Swarankar

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Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State and also perused the material available on record.

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The instant application has been filed with a prayer to quash the non-bailable warrant dated 01.02.2021 as well as the entire proceedings of Session Trial No.116 of 2016, State Vs. Mahendra Singh and Others arising out of N.C.R. No.87 of 2012, u/s 323, 504 IPC, Police Station- Chanda, DistrictSultanpur, pending in the Court of Additional Sessions Judge, Room No.8, Sultanpur.

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Learned counsel for the applicants has stated that the applicants have been falsely implicated in the aforesaid offence due to ulterior motive. The applicant no.1, who is aged about 72 years, is the father of applicant no.2. Both are residing at Pune as they are doing job there and owing to covid-19 pandemic, they could not appear on the date fixed and non-bailable warrant was issued against them on 01.02.2021. The applicants have not misused the liberty intentionally. Learned counsel for the applicants undertake that the applicants shall be present in court as and when they require and shall not seek any adjournment in future.

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On the other hand, learned AGA has vehemently opposed the

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application but could not dispute the facts stated by the learned counsel for the applicants.

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Upon hearing the learned counsel for the parties, looking to the conditions arisen due to pandemic and perusing the evidence on record but without expressing any opinion on the merits of the case, the application is partly allowed. The non-bailable warrant issued against the applicants on 01.02.2021 is set aside.

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However, the applicants are directed to appear before the court concerned and shall file a fresh personal bond of Rs.1 lakh.

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Order Date :- 1.6.2022 Siddhant

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Digitally signed by SIDDHANT SAHU Date: 2022.06.02 14:48:12 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Raja Ram Singh Alias Rajaram Bhagwati Singh and Another v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Raja Ram Singh Alias Rajaram Bhagwati Singh and Another v. State of U.P. Thru. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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