Disposed

Daya Shanker Singh v. State of U.P. and Another

Allahabad HC22 Oct 2024A482/28871/2024

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What is this about?

Court disposed of Section 482 Cr.P.C. application challenging NBW issuance. Directed that if applicant appears within three weeks and applies for bail/recall of NBW, the application shall be decided based on recent Supreme Court judgments.

What did the court decide?

Execution of non-bailable warrant kept in abeyance for three weeks or until applicant appears; final bail application to be decided subsequently.

Daya Shanker Singh vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:168681

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 28871 of 2024

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Applicant :- Daya Shanker Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Srivastava,Om Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Kailash Prasad Pandey, learned counsel for the applicant and Sri Jai Prakah Rai, learned A.G.A. 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 07.08.2024 passed by Chief Judicial Magistrate, Chandauli in Case No. 722 of 2005, (State Vs. Moti Chauhan & Others), arising out of Case Crime No. C-41/04, under Sections 379, 504, 506 of I.P.C. Police Station- Saiyadraja, District Chandauli, whereby nonbailable warrant has been issued against the applicant.

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Learned counsel for the applicant submits that applicant was granted bail by the trial court during the course of investigation. 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.

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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.

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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 appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance. Order Date :- 22.10.2024 Ishan

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

Daya Shanker Singh v. State of U.P. and Another

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Daya Shanker Singh v. State of U.P. and Another

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