Disposed

Sanjay Bhardwaj v. State of U.P. and Another

Allahabad HC18 Oct 2024A482/27205/2024

Case brief

AI extract

What is this about?

In this applicant-side application under Section 482 Cr.P.C. challenging an order for non-bailable warrant, the court disposed of the matter by keeping the warrant's execution in abeyance for three weeks while directing a fresh bail/recall application to be decided.

What did the court decide?

Execution of non-bailable warrant kept in abeyance for three weeks; applicant directed to apply for bail or recall.

Sanjay Bhardwaj vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:166100

¶2

Court No. - 77

¶3

Case :- APPLICATION U/S 482 No. - 27205 of 2024

¶4

Applicant :- Sanjay Bhardwaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma,Shiv Murti Kushwaha Counsel for Opposite Party :- G.A.

¶5

Hon'ble Sanjay Kumar Pachori,J.

¶6

Sri Shiv Murti Kushwaha, learned counsel for the applicant and Sri Ashwani Kumar Rai, learned A.G.A. for the State are present.

¶7

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 26.08.2021 passed by Additional Session Judge-IV, Gautam Buddha Nagar in Session Trial No. 362 of 2018, (State Vs. Sanjay Bhardwaj), arising out Case Crime No. 177 of 2011, under Section 307 of I.P.C., Police Station- Bisrikh, District Gautam Buddha Nagar, whereby non-bailable warrant has been issued against the applicant.

¶8

Learned counsel for the applicant submits that applicant was on bail during trial and on 26.08.2021 non-bailable warrant has been issued against the applicant. It is further submitted that the impugned order has been passed without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant direct NBW has been issued.

¶9

Learned counsel for the applicant further submitted that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard.

¶10

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

¶11

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.

¶12

For a period of three weeks from today or till applicant appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance. Order Date :- 18.10.2024 Ishan

¶13

Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad

Sanjay Bhardwaj v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sanjay Bhardwaj v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Zulfikar vs State of U.P. and 3 Others

Ram Nath Yadav @ Kariya Yadav and 2 Others vs State of U.P. and Another

Dulari Devi vs State of U.P. 4 Others

Divyansh Pratap Singh vs State of Up and 2 Others

Raghav Ram vs State of U.P. Thru.Addl. Chief Secy. Home Deptt. and 3 Others

Mukesh Kumar vs State of U.P. and Another