Disposed

Bangali and 2 Others v. State of Up and Another

Allahabad HC8 Aug 2024A482/21812/2024

Case brief

AI extract

What is this about?

The High Court disposed of the application to quash a non-bailable warrant and entire proceedings. The court directed the applicants to move a recall application before the trial court within 30 days on their undertaking to cooperate, keeping the warrant's effect in abeyance.

What did the court decide?

Direction to move recall application before trial court within 30 days on undertaking; effect of N.B.W. kept in abeyance.

Bangali and 2 Others vs State of Up and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:128223

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 21812 of 2024

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Applicant :- Bangali And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhand Pratap Singh,Shobhit Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The present application has been filed by the applicants with prayer to quash/set aside the impugned non-bailable warrant dated 01.11.2023 issued by the learned Judicial Magistrate, Fatehabad, Agra against the applicants in Case NO. 538 of 2020 arising out of Case Crime No. 50 of 2020, under Section 323, 325, 504, 506 IPC, Police Station Basauni, District Agra as well as entire proceedings of aforesaid case.

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It is submitted by learned counsel for the applicants that in this case, applicants enlarged on bail in Case No. 538 of 2020 arising out of Case Crime No 50 of 2020, under Section 323, 325, 504, 506 IPC, Police Station Basauni, District Agra, thereafter they appeared before the learned court concerned but on 23.06.2023 on account of absence, non bailable warrant has issued. This fact was not in the knowledge of the applicants due to which they could not appear before the learned court, therefore request to quash the order of N.B.W. issued against them.

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Learned A.G.A. opposed the prayer as aforesaid and contended that the applicants are avoiding the process of court and were not appearing before the learned court concerned that was the reason charge could not be framed as a result N.B.W. was issued. The order for issuance of non-bailable warrant is interlocutory regarding which he may file recall application before the learned trial court which shall be considered in accordance with law.

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On considering the facts and circumstances of the case, submissions made by learned counsel for the applicants as well as learned A.G.A. perusal of record, it appears that on account of non-appearance of applicants before the learned court concerned,

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non-bailable warrant was issued on 23.6.2023 for ensuring their presence before the learned court since charge could not be framed against them till now. In the aforesaid situation it is expedient to direct the applicants to appear and move recall application before the learned trial court within a period of 30 days from today, it shall be considered by the learned trial court with a view to ensure the presence of the applicants and on their undertaking to cooperate with the trial.

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Accordingly, the present application is disposed of finally.

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In the meantime, the affect of non-bailable warrant shall remain in abeyance.

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Order Date :- 8.8.2024 Anurag Singh

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

Bangali and 2 Others v. State of Up and Another

Case brief

What is this about?

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Bangali and 2 Others v. State of Up and Another

Case brief

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