Disposed

Sonu v. State of U.P. and Another

Allahabad HC28 Nov 2024A482/24772/2024

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of an application under Section 482 Cr.P.C. seeking quashing of an order issuing a Non-Bailable Warrant. The execution of the warrant was stayed for three weeks to allow the applicant to apply for bail or recall of the warrant.

What did the court decide?

Execution of non-bailable warrant stayed for three weeks; application allowed to seek bail or recall.

Sonu vs State of U.P. and Another — Allahabad HC (2024) — LawSathi Research

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Neutral Citation No. - 2024:AHC:186679

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 24772 of 2024

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Applicant :- Sonu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri D.D. Kushwaha, learned counsel for the applicant and Sri Pushpraj Singh, learned brief holder for the State are present.

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The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 17.9.2021 passed by Special Chief Judicial Magistrate, Agra in Case No. 517 of 2016 (State Vs. sonu) arising out of case crime No. 154 of 2016, under Sections 186, 189, 285, 332, 323, 504, 427, 506, I.P.C., Police Station Shahganj, District Agra, whereby N.B.W. has been issued against the applicant.

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Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard. It is further submitted that the applicant was granted bail earlier to issuing Non-Bailable Warrant.

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Learned A.G.A. has opposed the application.

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Considering submissions of learned counsel and perusing record, the instant application u/s 482 Cr.P.C. is finally disposed of with a direction that in case applicant appears before the court below within three weeks from today and applies for bail/recall of non bailable warrant, his application shall be shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.

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For a period of three weeks from today or till applicant appears before the court below, whichever is earlier, execution of non

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bailable warrant against applicant shall be kept in abeyance. Order Date :- 28.11.2024 T. Sinha

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Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Sonu v. State of U.P. and Another

Case brief

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Sonu v. State of U.P. and Another

Case brief

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