Dismissed

Pintu @ Arun Kumar Chaturvedi v. State of U.P. and Another

Allahabad HC13 Sept 2022A482/21093/2022

Case brief

AI extract

What is this about?

Application under Section 482 CrPC for quashing non-bailable warrants and accepting fresh bail bonds was dismissed. However, the court allowed a three-week window to surrender without coercive action, citing settled law on bail reconsideration. Application finally disposed of.

What did the court decide?

[None granted; three-week period allowed for surrender for fresh bail consideration]

Pintu @ Arun Kumar Chaturvedi Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2022)

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 21093 of 2022

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Applicant :- Pintu @ Arun Kumar Chaturvedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Uma Nath Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ram Manohar Narayan Mishra,J.

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

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The present 482 Cr.P.C. petition has been filed with prayer for a direction be issued to be accepted fresh bail bonds in S.T. No. 06 of 2013 (State vs. Prem Shanker Mishra and others) arising out of Charge sheet filed in Case Crime no. 83 of 2012, under Section 2/3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 relating to Police Station Carnelganj, District Allahabad and also for quashing the non-bailablewarrant order dated 01.03.2021 and 27.05.2022 against him.

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Learned counsel for the applicant submits that applicant was bailed out by order dated 9.5.2012 by this Court on merit of the case. However after filing of chargesheet and taking of cognizance in the case by the court concerned, bailable warrants and non bailable warrant issued against him, no summons were served on accused applicant and without ensuring service of summon on accused applicant, non bailable warrants were issued against him by order dated 1.3.2021 and 27.5.2022.

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Learned AGA submits that ordersheet dated 6.11.2020 and subsequent dates have been filed by the applicant; ordersheet of previous dates have not been filed. It is to show the sequence of process against the accused applicant.

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Considering the submission of learned counsel for the parties, I finds no good ground for quashing the non bailable warrants issued against the applicant by the court below. Prayer for quashing the non bailable warrants is refused. The application is dismissed.

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However, it is provided that if the applicant appears and surrenders before the court below within three weeks from today and applies for fresh bail bonds, his prayer for bail may be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal

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Kamlendra Pratap Singh Vs. State of U.P. For a period of three weeks from today, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the 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 off.

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Order Date :- 13.9.2022 Dhirendra/

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Digitally signed by DHIRENDRA KUMAR Date: 2022.09.14 13:27:55 IST Reason: Location: High Court of Judicature at Allahabad

Pintu @ Arun Kumar Chaturvedi v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Pintu @ Arun Kumar Chaturvedi v. State of U.P. and Another

Case brief

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What the court decided

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