Dharamvir @ Dharmendra Vs State of U.P through its Secretary (Home), Govt. of U.P & Another — Allahabad HC (2025) — LawSathi Research

Dharamvir @ Dharmendra Vs State of U.P through its Secretary (Home), Govt. of U.P & Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application dismissed as not pressed with liberty to file a bail application; if the applicant appears before the trial court within three weeks and applies for bail, it shall be decided expeditiously in view of Satender Kumar Antil (supra); non-bailable warrant kept in abeyance for three weeks or till surrender, whichever is earlier.

Issue for consideration

Whether the non-bailable warrant dated 12.05.2023 issued by the Judicial Magistrate, Mathura-12, and the proceedings arising from charge sheet dated 19.02.2003 (cognizance 04.04.2003) in Case Crime No. 26 of 2003 ought to be quashed.

Court's answer

If the applicant, Dharamvir @ Dharmendra, appears before the trial court within three weeks and applies for bail, the bail application shall be decided expeditiously in view of the law laid down by the Apex Court in Satender Kumar Antil (supra).

Ratio / Principle

The non-bailable warrant issued against the applicant shall be kept in abeyance for three weeks from the date of the order or till the applicant surrenders before the court below, whichever is earlier.

Key takeaways

On counsel's request (application not pressed, with liberty to file a bail application to be considered per Satender Kumar Antil, to which the A.G.A. had no objection), the petition was disposed of accordingly.ratio¶6

Detailed headnote1 paragraphs

Allahabad High Court, Deepak Verma, J. [Neutral Citation 2025:AHC:87691], Order dated 23.5.2025 — Application U/S 482 No. 40576 of 2024, Dharamvir @ Dharmendra v. State of U.P. & Anr. The application sought quashing of the non-bailable warrant dated 12.05.2023 issued by the Judicial Magistrate, Mathura-12, and of proceedings on charge sheet dated 19.02.2003 (cognizance 04.04.2003) in Case No. 630 of 2003 (State v. Banwari and others), Case Crime No. 26 of 2003, sections 379, 411 IPC, P.S. Raya, District Mathura. Counsel did not press the prayer and sought liberty to file a bail application to be decided in view of Satender Kumar Antil v. CBI, 2021 SCC OnLine SC 922, to which the learned A.G.A. had no objection. The Court directed that if the applicant appears before the trial court within three weeks and applies for bail, the same shall be decided expeditiously in view of Satender Kumar Antil (supra); the non-bailable warrant was kept in abeyance for three weeks or until surrender, whichever is earlier. Petition disposed of accordingly.

Neutral Citation No. - 2025:AHC:87691

Court No. - 84

Case :- APPLICATION U/S 482 No. - 40576 of 2024

Applicant :- Dharamvir @ Dharmendra Opposite Party :- State Of U.P Through Its Secretary (Home), Govt. Of U.P & Another Counsel for Applicant :- Brijesh Kumar Prajapati,Mahesh Kumar,Maheshwari Prasad Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for applicant; learned A.G.A. for State and perused the record.

The instant Anticipatory Bail Application has been filed with a prayer to quash the Non Bailable Warrant dated 12.05.2023 issued by the Judicial Magistrate, Mathura-12 Mathura, as well as to quash the entire proceeding of charge sheet dated 19.02.2003 and learned court below has taken cognizance on 04.04.2003 in case no. 630 of 2003 (State Versus Banwari and others) registered with case crime no.26 of 2003 under sections 379, 411 I.P.C., Police Station Raya, District Mathura, pending in the court of Judicial Magistrate-12, Mathura.

After arguing the matter at some extent, learned counsel for applicant submits that present anticipatory bail application may be dismissed as not pressed with liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil Vs. Central Bureau of Investigation and another, reported in 2021 SCC OnLine SC 922" to which learned A.G.A. has no objection.

In view of the above, it is provided that in case the applicant, namely, Dharamvir @ Dharmendra, appears before the trial court within three weeks from today and applies for bail, the same shall be decided expeditiously, in view of the law laid down by the Apex Court in Satender Kumar Antil (supra).

For the period of three weeks from today or till the time of surrender of the applicant before the Court below, whichever is earlier, non-bailable warrant issued against the applicant shall be kept in abeyance.

The petition is disposed off accordingly.

Order Date :- 23.5.2025 Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad