Disposed

Anjani Kumar Singh v. State of U.P. and Another

Allahabad HC17 Feb 2023A482/4450/2023

Case brief

AI extract

What is this about?

An application under Section 482 CrPC was filed by Anjani Kumar Singh for quashing an order of non-bailable warrant issued due to non-appearance. The High Court was informed that if the applicant appears on the fixed date and furnishes a fresh bail bond, the warrant will not be executed.

What did the court decide?

The non-bailable warrant will not be executed if the applicant appears on the fixed date and files a fresh bail bond similar to the lower court direction.

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

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Court No. - 49

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Case :- APPLICATION U/S 482 No. - 4450 of 2023

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Applicant :- Anjani Kumar Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitendra Kumar Mishra,Lok Nath Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar Nigam,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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The present application has been filed for quashing the order dated 21.01.2016, passed by the Chief Judicial Magistrate, Mirzapur in Case No. 2505 of 2007 (State vs. Anjani Kumar Singh), arising out of case Crime No. 452 of 2006, under Sections 420, 406 IPC, P.S. Shahar Kotwali, District Mirzapur, issuing non-bailable warrant against the applicant.

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The First Information Report was lodged in Case Crime No. 452 of 2006, under Sections 419, 420, 467, 468, 471 IPC at P.S. Shahar Kotwali, District Mirzapur, against the applicant.

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After investigation, police has submitted charge-sheet on 08.05.2007, under Section 420, 406 IPC against the applicant. The learned Magistrate has taken cognizance on 28.05.2007 and Criminal Case No. 2505 of 2007 (State vs. Anjani Singh) was registered against the applicant. Applicant has been granted bail by the court below vide order dated 04.06.2007 in Case No. 452 of 2006, under Sections 420, 406 IPC (copy of the bail order is annexed as annexure no. 2 to the affidavit filed in support of the application).

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It has been contended by learned counsel for the applicant that the applicant had gone out of district in connection with livelihood and due to which he could not appear before the learned court below. The court below vide its order dated 21.01.2016 has issued non-bailable warrant against the applicant. When the applicant came back to his village come to know about the non-bailable warrant issued against him. As the applicant was out of district Mirzapur in connection with employment he had no knowledge about non-bailable warrant. It has been informed by learned counsel for the applicant that 03.05.2023 is the next date fixed in the matter.

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Learned counsel for the applicant submitted that the accusedapplicant will appear before the court below on the date fixed and will participate in the proceedings. No useful purpose

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would be served in keeping the present petition pending. It is provided that in case the accused-applicant appears on the date fixed i.e. on 03.05.2023 before the court concerned i.e. the Chief Judicial Magistrate, Mirzapur, and file fresh bail bond to the satisfaction of the concerned court, the non-bailable warrant issued by the court below will not be given effect too. However, in case the applicant fails to appear on the date fixed or fails to furnish fresh bail bond as directed above, the court below is free to take action against the applicant in accordance with law.

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With these observation, the application is disposed of finally.

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Order Date :- 17.2.2023 v.k.updh.

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

Anjani Kumar Singh v. State of U.P. and Another

Case brief

What is this about?

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Anjani Kumar Singh v. State of U.P. and Another

Case brief

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What did the court decide?

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