Disposed

Balwant @ Bunti v. State of U.P. and Another

Allahabad HC23 Nov 2023A482/42853/2023

Case brief

AI extract

What is this about?

The High Court refused the applicant's prayer to quash a non-bailable warrant and criminal proceedings. However, it granted relief in the alternative by directing the applicant to surrender within three weeks and keeping the warrant in abeyance, mandating expeditious disposal of the bail application by lower courts.

What did the court decide?

Non-bailable warrant kept in abeyance for 3 weeks; applicant directed to surrender; lower court to dispose bail application expeditiously.

Balwant @ Bunti Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:222030

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Court No. - 89 Case :- APPLICATION U/S 482 No. - 42853 of 2023 Applicant :- Balwant @ Bunti Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Singh,Ram Chandra Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,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 05.11.2018 issued against the applicant and proceedings of Case No.407 of 2007 arising out of Case Crime No.215 of 1999 (State vs.Suresh and others), under Sections 147, 148, 149, 307, 384, 452, 504, 506 I.P.C., P.S. South, District Firozabad, pending before the court of Additional Civil Judge (Junior Division),IInd, Firozabad.

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At the outset learned counsel for the applicant gave up his challenge to the aforesaid nonbailable warrant and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously.

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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 directed that the applicant shall surrender before the concerned court below within three weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law.

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For the period of three weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant dated 05.11.2018 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 :- 23.11.2023 SKD

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

Balwant @ Bunti v. State of U.P. and Another

Case brief

What is this about?

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Balwant @ Bunti v. State of U.P. and Another

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