Sanny Kumar Gaur vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Sanny Kumar Gaur vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional interim relief: execution of the non-bailable warrant against the applicant is kept in abeyance for three weeks or until the applicant appears before the court below, whichever is earlier; if the applicant appears and applies for bail/recall of the warrant within three weeks, the application shall be decided in the light of the observations in the three named Supreme Court judgments (Satender Kumar Antil, Siddharth, Aman Preet Singh). The quashing prayer itself was not adjudicated; the application was finally disposed of with these directions.

Issue for consideration

Whether the order dated 9.12.2019 of the Additional Sessions Judge, Basti issuing a non-bailable warrant against the applicant in Session Trial No. 25 of 2008 (State v. Ajay Singh and others) ought to be quashed under Section 482 CrPC, given counsel's submissions that no summons or bailable warrant had been served beforehand and that the applicant was on bail when the warrant issued.

Court's answer

The instant application under Section 482 CrPC is finally disposed of with a direction that in case the applicant appears before the court below within three weeks from the date of this order and applies for bail/recall of the non-bailable warrant, his application shall be decided.

Ratio / Principle

On such appearance and application, the application for bail/recall of the non-bailable warrant shall be decided by the court below in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation & Another, (2021) 10 SCC 773; Siddharth v. State of Uttar Pradesh & Another, 2022 (11) SCC 676; and Aman Preet Singh v. C.B.I. through Director, 2021 SCC Online SC 941.

Key takeaways

Execution of the non-bailable warrant against the applicant is kept in abeyance for a period of three weeks from the date of this order or till the applicant appears before the court below, whichever is earlier.ratio¶13

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Court No. 75) | Single Bench: Sanjay Kumar Pachori, J. | Application U/S 482 No. 43823 of 2024 | Sanny Kumar Gaur v. State of U.P. and Another | Order dated 8.1.2025. The applicant sought quashing, under Section 482 CrPC, of the order dated 9.12.2019 passed by the Additional Sessions Judge, Basti whereby a non-bailable warrant was issued against him in Session Trial No. 25 of 2008 (State v. Ajay Singh and others), under Sections 147, 148, 307, 323 of IPC, P.S. Kotwali, District Basti. Counsel submitted that the warrant issued directly, without satisfaction of service of summons/bailable warrants and while the applicant stood on bail; the A.G.A. opposed. DISPOSITION: application finally disposed of with a direction that if the applicant appears before the court below within three weeks and applies for bail/recall of the non-bailable warrant, the application shall be decided in light of the observations in Satender Kumar Antil v. CBI & Anr., (2021) 10 SCC 773; Siddharth v. State of U.P. & Anr., 2022 (11) SCC 676; and Aman Preet Singh v. C.B.I., 2021 SCC Online SC 941. Execution of the non-bailable warrant kept in abeyance for three weeks or until appearance, whichever is earlier.

Neutral Citation No. - 2025:AHC:4136

Court No. - 75

Case :- APPLICATION U/S 482 No. - 43823 of 2024

Applicant :- Sanny Kumar Gaur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bashisth Narain Pandey Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Heard Sri Bashisth Narain Pandey, learned counsel for the applicant and Sri Ashwini Kumar Rai, learned A.G.A. for the State.

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 9.12.2019 passed by the Additional Sessions Judge, Basti in Session Trial No. 25 of 2008 (State v. Ajay Singh and others), under Sections 147, 148, 307, 323 of IPC, Police Station Kotwali, District Basti, whereby the non-bailable warrant has been issued against the applicant.

Learned counsel for the applicant submits that the impugned order has been passed by the court without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant, direct N.B.W. has been issued. It is further submitted that applicant was on bail at the time of issuing non-bailable warrant.

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. It is further submitted that order of the non-bailable warrant has been passed on 09.12.2019 without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court.

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

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 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 .

For a period of three weeks from today or till applicant appears before the court below, whichever is earlier, execution of non bailable warrant against the applicant shall be kept in abeyance.

Order Date :- 8.1.2025 Akram

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