Veer Bahadur Yadav Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

Veer Bahadur Yadav Vs State of Up and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional direction: applicant to surrender before the court below within two weeks and file an application for recall of the non bailable warrant alongwith a certified copy of the order; the court below to consider and decide such application by a reasoned and speaking order within one week thereafter. With this direction, the application was finally disposed of.

Issue for consideration

Whether the non bailable warrant order dated 25.11.2024 issued against the applicant - who was enlarged on bail on 18.4.2023 and had committed only a single default in appearance - should be quashed, and whether further proceedings in S.T. No. 528 of 2022 should be stayed.

Ratio / Principle

In case the applicant surrenders before the court below within two weeks from the date of the order and files an application for recall of the non bailable warrant alongwith a certified copy of the order, the court below shall consider the said application and decide the same by a reasoned and speaking order within a period of one week thereafter; the Court did not directly quash the N.B.W. nor grant a blanket stay.

Detailed headnote1 paragraphs

Allahabad High Court (Rajeev Misra, J.) disposed of an application under section 482 Cr.P.C. filed by charge-sheeted accused Veer Bahadur Yadav seeking quashing of a non bailable warrant dated 25.11.2024 issued by the Special Judge SC/ST Act, Mau in S.T. No. 528 of 2022 (State Vs. Veer Bahadur), arising out of Case Crime No. 0434 of 2022 under sections 354, 323, 504, 506 & 376 I.P.C. and 3(2)(va) SC/ST Act, P.S. Saralakhansi, District Mau. The applicant, enlarged on bail on 18.4.2023, had committed a single default in appearance on 25.11.2024 without filing any exemption application, leading to issuance of the N.B.W. The learned A.G.A. did not oppose the prayer. The Court directed that if the applicant surrenders before the court below within two weeks and files a recall application with a certified copy of the order, the court below shall consider it and decide it by a reasoned and speaking order within one week thereafter; with this direction the application was finally disposed of.

Court No. - 71

Case :- APPLICATION U/S 482 No. - 44734 of 2024

Applicant :- Veer Bahadur Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mainuddin Ahamad Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Mainuddin Ahamad, the learned counsel for applicant and the learned A.G.A. for State.

Perused the record.

Applicant Veer Bahadur Yadav, who is a charge sheeted accused has approached this Court by means of present application under section 482 Cr.P.C. with the following prayer:

"It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow the present application and quash the N.B.W. order dated 25.11.2024 passed by Special Judge SC/ST Act, Mau in S.T. No. 528 of 2022 (State Vs. Veer Bahadur) arising out of Case Crime No. 0434 of 2022, Under section 354, 323, 504, 506 & 376 I.P.C. and 3(2) (va) SC/ST Act, P.S. Saralakhansi, District- Mau pending in the court of Special Judge SC/ST Act, Mau.

It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings in S.T. No.528 of 2022 (State Vs. Veer Bahadur) arising out of Case Crime No. 0434 of 2022, Under section 354, 323, 504, 506 & 376 I.P.C. and 3(2) (va) SC/ST Act, P.S. Saralakhansi, District- Mau pending in the court of Special Judge SC/ST Act, Mau, during the pendency of the aforesaid application before this Hon'ble Court, otherwise, the applicant shall suffer an irreparable loss and injury."

Learned counsel for applicant submits that applicant was enlarged on bail vide order dated 18.4.2023. Ever since then applicant has committed only one default in appearing before Court below i.e. on 25.11.2024. Unfortunately, no application for exemption could be filed. Consequently, Court below issued non bailable warrant against applicant.

On the above premise, the learned counsel for applicant submits that applicant is ready to appear within the time peiod granted by this Court. He however, submits that in case applicant appears before court below within the time period granted by this Court, then Court below be directed to recall the non bailable warrant

issued against applicant or enlarge the applicant on bail.

Per contra, the learned A.G.A. does not oppose the prayer made by the learned counsel for applicant.

Considering the facts and circumstances of the case, as noted herein above, it is provided that in case applicant surrenders before court below within two weeks from today and files an application for recall of non bailable warrant alongwith a certified copy of this order, then Court below shall consider the said application, and decide the same by a reasoned and speaking order within a period of one week thereafter.

With the aforesaid direction, this application is finally disposed of.

Order Date :- 24.2.2025 Arshad

Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad