Disposed

Vishnu v. State of U.P.

Allahabad HC5 Apr 2023A482/10383/2023

Case brief

AI extract

What is this about?

The High Court dismissed the prayer for quashing the proceedings as not pressed. It directed that if the applicant surrenders and applies for bail within two weeks, the trial court must decide the bail application expeditiously under the Gangster Act. Non-bailable warrants are stayed until the two-week period elapses; otherwise, proceedings continue.

What did the court decide?

Non-bailable warrants stayed pending surrender and bail application within two weeks; trial court directed to decide bail expeditiously if conditions met.

Vishnu Vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 71

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Case :- APPLICATION U/S 482 No. - 10383 of 2023

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Applicant :- Vishnu Opposite Party :- State of U.P. Counsel for Applicant :- Arunesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Arunesh Singh, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant Vishnu with the prayer to allow this application and set aside/recall Non Bailable Warrant dated 05.02.2020 in Case Crime No. 138 of 2000 in G.S.T. No. 274 of 2001 (State Vs. Narayan Singh and other) under Section 2/3 Gangster Act, Police Station Hariparvat, District Agra, pending before the Additional District Judge, 8 (Gangster Act) Court, Agra and with a further prayer to stay the further proceedings of the aforesaid case.

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At the very outset, learned counsel for the applicant states that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant, as expeditiously as possible. He further states that although the prayer has been made for quashing and stay the proceedings of the case but he does not press the same. Learned counsel for the applicant further states while placing the order sheet of the trial court which is annexure 3 to the affidavit that vide order dated 05.02.2020 non bailable warrants have been issued against the applicant.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.

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In view of the above, the prayer for quashing of proceedings is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant surrenders

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before the trial court and applies for bail within two weeks from today, the same shall be considered and decided expeditiously as per provision of the Gangster Act. Further, it is directed that non bailable warrants as issued against the applicant by the court concerned vide order dated 05.02.2020 shall be kept in abeyance till said period.

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It it clarified that if the accused-applicant does not appear before the court concerned by the said date, the court concerned shall proceed against him in accordance with law.

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The present application is disposed of.

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Order Date :- 5.4.2023 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Vishnu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vishnu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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