Held that the non-bailable warrant dated 06.09.2021 issued due to the applicant's absence was set aside. The applicant was directed to appear within one week and submit a fresh bail bond to be released on bail.
Impugned non-bailable warrant set aside; applicant directed to appear within one week and submit fresh bail bond.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 1526 of 2023
Applicant :- Dheeraj Shahu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kumar,Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
Present application under Section 482 Cr.P.C. has been filed for quashing of Non-bailable warrant dated 06.09.2021 passed by Civil Judge, (J.D.), Nazibad, District Bijnor in Case No. 389 of 2011 arising out of Case Crime No.502 of 2010, under Sections 406, 411 IPC, Police Station Naziabad, District Bijnor.
Learned counsel for the accused applicant submits that he was regularly appearing in the court but it so happened on 9th April, 2021 for some unavoidable reasons, he could not appear in the case. The date was fixed for 18.06.2021 but on the said date, there was lockdown because of Covid-19. Thereafter the learned court fixed the date on 06.09.2021. On 06.09.2021, the petitioner could not appear and impugned non-bailable warrant has been issued.
Learned counsel for the applicant submits that the applicant is ready to face the trial. He was on bail throughout and the applicant may be directed to appear before the trial and submit fresh bail bond. He further submits that henceforth he will appear each and every date before the court below.
Sri S.B. Singh, learned AGA for the State has not disputed the fact that the applicant did not appear twice but he was earlier appearing on each and every date.
Considering the facts and circumstances of the case, the order dated 6th September, 2021 passed by Civil Judge, (J.D.), Nazibad, District Bijnor in Case No. 389 of 2011 arising out of Case Crime No.502 of 2010, under Sections 406, 411 IPC, Police Station Naziabad, District Bijnor is set aside.
The petitioner is directed to appear before the trial court within a period of one week from today and submit fresh bail bond. If the petitioner appears before the trial court within the aforesaid period, he shall be released on bail on furnishing a fresh bail bonds to the satisfaction of the court concerned. The petitioner shall co-operate in the trial court and will not absent himself on any date. The trial court should make endevour to complete the trial expeditiously.
The present application is allowe d.
Order Date :- 27.1.2023 A.Kr.
Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the application under Section 482 Cr.P.C. for quashing the non-bailable warrant issued due to the applicant's absence should be allowed.
1 provisions across 1 enactments
Dheeraj Shahu
State of U.P.
Dinesh Kumar Singh
As recorded by the court registry
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