Disposed

Hardev @ Bantu v. State of U.P. and Another

Allahabad HC5 Oct 2023A482/26403/2023

Case brief

AI extract

What is this about?

The High Court refused to quash the non-bailable warrant when the applicant withdrew the merit challenge. Instead, the court directed the applicant to surrender within two weeks and kept the warrant in abeyance during this period, directing expedited bail proceedings.

What did the court decide?

Non-bailable warrant kept in abeyance for two weeks; directed to surrender within two weeks; bail application to be disposed expeditiously.

Hardev @ Bantu Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:191910

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Court No. - 88

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Case :- APPLICATION U/S 482 No. - 26403 of 2023

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Applicant :- Hardev @ Bantu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Fatma Khatoon Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Singh,J.

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Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicant to quash the non-bailable warrant dated 07.12.2022 issued against the applicant in Complaint Case No. 347 of 2018 (Smt. Rani Vs. Hardev @ Bantu and others), under Sections 498A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Kurawali, District Mainpuri pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Mainpuri.

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At the outset, learned counsel for the applicant gave up his challenge to the aforesaid order of nonbailable warrant against the applicant by contending at the bar that he is not pressing the prayer made in this application on merits and confined his submission requesting to grant some protection to the applicant to surrender before the concerned Court below.

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Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period.

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In view of the above, the relief as sought by the applicant in the instant application is refused.

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However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is

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directed that the applicant shall surrender before the concerned Court below within two weeks from today and in case applies for bail, the bail application of the applicant shall be disposed of expeditiously by the Courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922.

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For the period of two weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, nonbailable warrant dated 07.12.2022 shall be kept in abeyance.

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With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of.

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Order Date :- 5.10.2023 Shubham

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

Hardev @ Bantu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Hardev @ Bantu v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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