Dismissed

Anil Kumar and Another v. State of U.P. and Another

Allahabad HC22 Jul 2024A482/9402/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash proceedings, the court found the prayer for quashing was not pressed on merits. However, the non-bailable warrants were kept in abeyance for two weeks to allow the accused to appear and seek bail or recall of warrants.

What did the court decide?

Prayer for quashing dismissed; non-bailable warrants kept in abeyance for two weeks pending appearance and bail application.

Anil Kumar and Another vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:115894

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 9402 of 2024

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Applicant :- Anil Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Narayan Verma Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Shyam Narayan Verma, learned counsel for the applicants, Sri Sai Girdhar, learned counsel for the State and perused the record.

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This application under Section 482 Cr.P.C. has been filed by the applicants Anil Kumar and Arun Kumar with the following prayers:

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"It is, therefore most respectfully prayed that this Hon'ble court may kindly be pleased to allow this application and quash the entire proceedings as well as impugned Non Bailable Warrant dated 16.03.2021 passed by Learned Judicial Magistrate, Chandauli in Case No. 1851 of 2017 (State Versus Shyam Bihari and Others) arising out of Case Crime No. 214 of 2007, Under Sections 324, 323, 504, 427 of I.P.C., Police Station- Dhanapur, District- Chandauli, pending in the Court of Learned Judicial Magistrate, Chandauli and permit the applicants to appear before the concern court, otherwise the applicants shall suffer an irreparable loss and injury, and/or to pass such other further order or direction which this Hon'ble court may deem fit and proper in the circumstances of the case."

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After arguments on merits at length learned counsel for the applicants states that he does not want to press the prayers made in the present petition on merits. He submits that vide order dated 16.03.2021 non bailable warrants have been issued against the applicants. He submits that the purpose of the applicants would be served if they are permitted to appear before the trial court within a period of two weeks from today and file a regular bail application/an application for recall of non-bailable warrants.

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Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.

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In view of the above, the prayer for quashing as prayed for is dismissed as not pressed.

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However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants appear and apply for bail/an application for recall of non-bailable warrants and process under Section 82 Cr.P.C. before the court concerned within two weeks from today, the same shall be considered and decided in accordance with law.

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For a period of two weeks from today or till appearance of the applicant, whichever is earlier, the non-bailable warrants dated 16.03.2021 be kept in abeyance. However, if the applicants do not appear in the aforesaid time, the court concerned shall proceed as per law.

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The present application is disposed of.

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Order Date :- 22.7.2024 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Anil Kumar and Another v. State of U.P. and Another

Case brief

What is this about?

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Anil Kumar and Another v. State of U.P. and Another

Case brief

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