Allowed

Rajvir Singh Alias Raju and Another v. State of U.P. and Another

Allahabad HC2 Aug 2024A482/22756/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, in an application under Section 482 Cr.P.C., directed the applicants to file a bail application before the trial court within 30 days, relying on Satender Kumar Antil, while keeping the non-bailable warrant in abeyance despite the applicants' prior default in appearing.

What did the court decide?

Applicants directed to file bail application before trial court within 30 days; non-bailable warrant to remain in abeyance.

Rajvir Singh Alias Raju and Another vs State of U.P. and… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:124408

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 22756 of 2024

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Applicant :- Rajvir Singh Alias Raju And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Bahadur Singh,Ramesh Kumar 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 u/s 482 Cr.P.C. has been filed by the applicants with prayer to quash the impugned non-bailable warrant dated 14.6.2024 issued in Criminal Case No. 4608 of 2014 arising out of Case Crime No. 468 of 2013, under Sections 406, 420, 323, 504, 506 IPC, Police Station Achhanera, District Agra, pending in the court of Special Chief Judicial Magistrate, Agra.

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It is submitted by learned counsel for the applicants that in this case, a case was registered in the year 2013, charge sheet was filed and cognizance was taken. In relation to earn their livelihood, they went to Bombay that was the reason they could not appear before the learned trial court as a result B.W./N.B.W. was issued. Further submitted that an application u/s 482 No. 26089 of 2019 was filed before this Court by the present applicants which was decided on 5.7.2019 directing them to appear before the learned trial court but could not appear on account of miscommunication by the learned counsel, therefore, request to direct the learned trial court to decide the bail application of the applicants in view of law as laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022 by Hon'ble the Supreme Court.

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Learned A.G.A. opposed the prayer as aforesaid and contended that since there was direction on the previous occasion in this regard in favour of the applicants but did not avail the benefit thereof and avoided the appearance before the learned trial court.

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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, the order passed by this Court in

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the aforesaid application in the year 2019, it is expedient to direct the applicants to appear and move bail application before the learned trial court within a period of 30 days from today which shall be hear and decided by the learned trial court as expeditiously as possible in view of Satender Kumar Antil (Supra) case.

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Accordingly, the present application is disposed of finally.

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In the meantime, the operation of N.B.W. shall remain in abeyance.

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Order Date :- 2.8.2024 Anurag Singh

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

Rajvir Singh Alias Raju and Another v. State of U.P. and Another

Case brief

What is this about?

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Rajvir Singh Alias Raju and Another v. State of U.P. and Another

Case brief

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What did the court decide?

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