Disposed

Neeraj Singh v. State of U.P.

Allahabad HC21 Apr 2023A482/12695/2023

Case brief

AI extract

What is this about?

The court dismissed the prayer for quashing the impugned order as it was not pressed. However, it directed that if the applicant files a bail application within two weeks, non-bailable warrants shall remain in abeyance pending its decision.

What did the court decide?

Non-bailable warrants kept in abeyance for two weeks if applicant files bail application; prayers for quash merged/dismissed not pressed.

Neeraj Singh Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

¶1

Court No. - 71

¶2

Case :- APPLICATION U/S 482 No. - 12695 of 2023

¶3

Applicant :- Neeraj Singh Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar,Ram Asre Counsel for Opposite Party :- G.A.

¶4

Hon'ble Samit Gopal,J.

¶5

1. List revised.

¶6

Heard Sri Ram Asre, learned counsel for the applicant, Sri Raj Kumar Gupta, learned counsel for the State and perused the record.

¶7

Supplementary affidavit filed today is taken on record.

¶8

This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the entire criminal proceedings including non bailable warrant dated 2.11.2012 passed by Additional Chief Judicial Magistrate -18th, Allahabad in Case No. 259 of 2008, State vs. Neeraj Singh, under Section 4/5 Explosive Substance Act, P.S.- George Town, District Allahabad, arising out of Case Crime No. 148 of 2007, as well as recall the bail order dated 4.7.2007 passed by the courts below and permit the applicant to file fresh bond in the aforesaid case; and with the further prayer to stay the further proceedings of said case.

¶9

At the very outset, learned counsel for the applicant states that he does not want to press the prayer as prayed by him. He states that the purpose of the applicant would be served if he is permitted to appear before the trial court within a period of two weeks from today and file a regular bail application but till then the nonbailable warrants as issued may be kept in abeyance. It is argued that non-bailable warrants have been issued vide order dated 2.11.2012 passed by the trial court.

¶10

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

¶11

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

¶12

However, in view of the peculiar facts and circumstances of the

¶13

case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant appears and applies for bail before the court concerned within two weeks from today, the same shall be considered and decided in accordance with law. Till the aforesaid period, the non-bailable warrants shall be kept in abeyance.

¶14

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.

¶15

It is further clarified that no application for extension of time as granted by this Court shall be entertained.

¶16

The present application is disposed of.

¶17

(Samit Gopal,J.)

¶18

Order Date :- 21.4.2023 {Naresh}

¶19

Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Neeraj Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Neeraj Singh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Praveen Kumar Gupta Vs State of U.P. and Another

Raju Singh and 4 Others Vs State of U.P. and Another

Saif Rahman and 3 Others Vs State of U.P. and Another

Yasir Ali and 3 Others Vs State of U.P. and Another

Vikas and 3 Others Vs State of U.P. and Another

Harshankar and 10 Others Vs State of U.P. and Another