Dismissed

Arun v. State of U.P. and Another

Allahabad HC15 Feb 2023A482/3250/2023

Case brief

AI extract

What is this about?

This was a Section 482 Cr.P.C. application to quash an order issuing non-bailable warrants. The applicant did not press the prayer for quashing. The High Court directed that if the applicant surrenders and applies for bail within two weeks, it will be decided expeditiously

What did the court decide?

Prayer for quashing dismissed; warrants in abeyance if applicant surrenders and applies for bail within two weeks.

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

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 3250 of 2023

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Applicant :- Arun Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishnu Murti Tripathi 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 V.M. Tripathi, 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-Arun with the prayer to quash the order dated 15.4.2022 issuing non-bailable warrants in Criminal Case No.24229 of 2016 (State Vs. Ram Lakhan and others) arising out of Case Crime No.323 of 2015 u/s 323, 325, 454, 504 IPC, P.S. Govind Nagar, District Kanpur Nagar.

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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 of the order issuing non-bailable warrants of the case but he does not press the same.

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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 order issuing nonbailable warrants 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 before the trial court and applies for bail within two weeks from today, the same shall be considered and decided expeditiously in accordance with law.

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Till the aforesaid period, non-bailable warrants issued against the applicant shall be kept in abeyance.

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It is clarified that if the accused-applicant do not appear before the

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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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(Samit Gopal, J.)

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Order Date :- 15.2.2023 Gaurav

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Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad

Arun v. State of U.P. and Another

Case brief

What is this about?

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Arun v. State of U.P. and Another

Case brief

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