Ram Bhawan Verma Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2024) — LawSathi Research

Ram Bhawan Verma Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the applicant to file a bail application before the trial court, with a direction to the court below that if the applicant applies for bail, the prayer shall be considered and decided expeditiously in accordance with law.

Issue for consideration

Whether the orders of non-bailable warrant dated 23.11.2022 and 29.07.2024 passed by the Additional Session Judge- First, Ambedkar Nagar in Case Crime No. 42/2018 should be quashed.

Court's answer

The application under Section 482 is disposed of with liberty to the applicant to file a bail application before the trial court, with a direction that if such an application is made, the prayer for bail shall be considered and decided expeditiously in accordance with law (in view of the law laid down in Satender Kumar Antil, as urged by counsel and not objected to by the AGA). The quashing prayer was not decided on merits.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Saurabh Lavania, J.), Order dated 31.8.2024 — Application U/S 482 No. 7683 of 2024, Ram Bhawan Verma v. State of U.P. and Another — Prayer to quash orders of non-bailable warrant dated 23.11.2022 and 29.07.2024 passed by the Additional Session Judge- First, Ambedkar Nagar in Case Crime No. 42/2018 (Sections 411, 413, 414, 420, 467, 468, 471 IPC, Police Station Ahirauli, District Ambedkar Nagar). After arguing at some length, counsel for the applicant confined the prayer to liberty to file a bail application before the trial court, to be decided in view of the law laid down in Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51; learned AGA had no objection. Held: application disposed of with liberty as prayed for, and with a direction that if the applicant applies for bail before the court concerned, the prayer for bail shall be considered and decided expeditiously in accordance with law. The quashing prayer was not adjudicated on merits.

Neutral Citation No. - 2024:AHC-LKO:59555

Court No. - 13 Case :- APPLICATION U/S 482 No. - 7683 of 2024 Applicant :- Ram Bhawan Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rakesh Kumar Nayak Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard Ms. Abhilash Nishad learned Advocate holding brief of Sri Rakesh Kumar Nayak, learned counsel for the applicant and learned AGA for the State as well as perused the record.

The present application has been filed for the following main relief:-

"The applicant above named most respectfully begs to submit that for the facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the order of non bailable warrant dated 23.11.2022 as well as 29.07.2024 passed by Additional Session Judge- First, Ambedkar Nagar in the proceeding of in Case Crime No. 42/2018, under Sections 411, 413, 414, 420, 467, 468, 471 1.P.C. Police Station Ahirauli, District Ambedkar Nagar, in the interest of justice."

After arguing at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351: (2022) 10 SCC 51 and the same may be decided expeditiously.

Learned AGA has no objection to the prayer made by learned counsel for the applicant.

Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law.

With the aforesaid observations, the present application is disposed of.

Order Date :- 31.8.2024

Jyoti/-

Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench