Disposed

Aslam v. State of U.P. and Another

Allahabad HC12 Sept 2024A482/30836/2024

Case brief

AI extract

What is this about?

In a Section 482 Cr.P.C. application challenging a Non-Bailable Warrant in a Section 307 IPC case, the High Court allowed the applicant liberty to apply for bail within 15 days and ordered the NBW to remain stayed for that period.

What did the court decide?

Applicant permitted to file bail application within 15 days; Non-Bailable Warrant stayed for this period; order revokable if applicant fails to appear.

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

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Neutral Citation No. - 2024:AHC:153451

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Court No. - 69

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Case :- APPLICATION U/S 482 No. - 30836 of 2024

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Applicant :- Aslam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pratibha Vohra Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant,learned A.G.A. for the State-opposite parties and perused the record.

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The instant application under section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the NBW order dated 13-062023 passed by the CJM, Sambhal at Chandausi in Case No. 212 of 2021, arising out of Case Crime No. 202 of 2020, under sections 307 of I.P.C., Police Station-Baniya Ther., District-Sambhal.

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Learned counsel for the applicant submits that the present applicant due to unavoidable circumstances could not appear before the court and thereafter, Non Bailable Warrant was issued against the applicant on 13-06-2023, which is under challenge in this application.

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On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contention aforesaid and submits that the applicant is using the delay-dallying tactics in the matter and as such, the applicant is not entitled for any relief.

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In rejoinder, learned counsel for the applicant submits that the interest of justice would be sub-served if the present applicant is permitted to surrender before the court concerned and may file bail application and the same may be directed to be considered within the stipulated period of time as may be fixed by this court.

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Learned counsel further undertakes that the applicant will appear before the court below within a period of two weeks and will apply for bail.

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Learned A.G.A. appearing for the State has no objection to the contentions abovesaid.

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In view of the aforesaid submissions, the applicant is at liberty to apply bail application within 15 days from today and if such application is filed, the same shall be decided expeditiously.

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For the period of fifteen days, only the non-bailable warrant issued against the applicant shall remain stayed.

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However, if the applicant does not appear before the court below within the aforesaid period and does not cooperate with the trial proceedings, this order shall stand revoked and no benefit of this order shall accrue to him.

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The application is disposed off.

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Order Date :- 20.9.2024 Ashutosh

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

Aslam v. State of U.P. and Another

Case brief

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Aslam v. State of U.P. and Another

Case brief

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