Disposed

Babu@ Mahbub v. State of U.P. and Another

Allahabad HC9 Feb 2023A482/4905/2023

Case brief

AI extract

What is this about?

The Allahabad High Court rejected the applicant's plea to quash a non-bailable warrant. The court directed the applicant to surrender within four weeks and ensured no arrest for that period unless surrendered. It ordered the lower court to dispose of the bail application expeditiously citing Satender Kumar Antil.

What did the court decide?

Application to quash N.B.Warrant refused; Directions for surrender within 4 weeks; Stay on arrest for 4 weeks or till surrender; Bail application to be disposed expeditiously.

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

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 4905 of 2023

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Applicant :- Babu@ Mahbub Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kiran Tiwari,Mahesh Chandra Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the Non-Bailable Warrant dated 13th December, 2011 relating to Charge-sheet dated 19th November, 2008 arising out of Case Crime No. 21 of 2008, under Section 2/3 Gangster Act, Police Station Mantola, District-Agra pending in the Court of Special Judge (Gangster Act), Agra.

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Learned counsel for the applicant further submits that after submission of the charge-sheet and passing the cognizance taking order, on various dates, the applicant appeared before the court below but due to some reasons, he could not appear before the court below, hence the impugned non-bailable warrant has been issued against him.

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4.The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention.

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Having heard the learned counsel for the applicant and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicant involves factual disputes and appraisal of evidence.

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However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that the applicants shall surrender before the concerned court below within four weeks from today and in case apply for bail, the bail application of the applicants 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) 10 SCC 773 .

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For the period of four weeks from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, they shall not be arrested in the above

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case.

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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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(Shiv Shanker Prasad, J.)

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Order Date :- 9.2.2023

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Sushil/-

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Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad

Babu@ Mahbub v. State of U.P. and Another

Case brief

What is this about?

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Babu@ Mahbub v. State of U.P. and Another

Case brief

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