Disposed

Dharmendra Rajbhar v. State of Up and 3 Others

Allahabad HC25 Jul 2024A227/4611/2024

Case brief

AI extract

What is this about?

Writ petition filed by accused in POCSO case seeking stay of non-bailable warrant and virtual appearance based on anticipatory bail. Court, noting service of bail order, kept the warrant in abeyance subject to the petitioner's cooperation in proceedings.

What did the court decide?

Non-bailable warrant kept in abeyance subject to petitioner's appearance and cooperation in proceedings.

Dharmendra Rajbhar vs State of Up and 3 Others — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:153491

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Court No. - 87

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Case :- MATTERS UNDER ARTICLE 227 No. - 4611 of 2024

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Petitioner :- Dharmendra Rajbhar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Rahul Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard Sri Sandeep Dubey, learned cousnel for the petitioner through video conferencing, Sri Himanshu Kumar, learned AGA for the State and perused the record.

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The present writ petition under Article 227 of the Constitution of India has been filed with the following prayers:

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"(i) to direct the learned Court of the learned POCSO Judge for following Apex Court judgments of (Aman Preet Singh vs. CBI, Satendra Kumar Antil vs. CBI) in S.T. No. 418 of 2023 arising out of Case Crime No. 0031 of 2022 (Dharmender Rajbhar vs. State) in POCSO Court, Ballia, U.P. against the applicant.

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(ii) to stay NBW issued against applicant till the applicant appearance in Special Court Ballia.

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(iii) to issue direction to POCSO Court Ballia regarding appearance of applicant/accused in hearing as per law formulated by Apex Court in Aman Preet Singh vs. CBI."

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It has been submitted by learned counsel for the petitioner that the petitioner was granted anticipatory bail on 21.3.2023 vide Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 3761 of 2022 (Dharmendra Rajbhar vs. State of U.P. and 3 Others). The order sheet depicts that the said order was served upon the Trial Court on 13.6.2023. Despite the order being served, the bailable warrant of Rs. 50,000/- was issued on the same date and, on 13.7.2023, non-bailable warrant was issued against the petitioner.

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It is an admitted case of the petitioner that as he is in service in Indian Air force, he was busy in the arrangement of the sureties and the bail bonds, therefore, he could not put in appearance before the Trial Court. He could arrange the sureties and the bail bonds in August, 2023.

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It has also been submitted that on the said dates, the petitioner was on leave from Indian Air Force and was locally present to participate in the court proceeding. He undertakes that in case the said non-bailable warrant be kept in abeyance, he shall participate and cooperate in the proceedings on every date fixed.

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In view of the submissions and in the interest of justice, it is provided that in case the petitioner appears and participates in the proceedings, the non-bailable warrant shall remain in abeyance.

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With the aforesaid observation, the writ petition is disposed of.

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Order Date : - 20.9.2024 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Dharmendra Rajbhar v. State of Up and 3 Others

Case brief

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Dharmendra Rajbhar v. State of Up and 3 Others

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