HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 29575 of 2015 Applicant :- Akash @ Akkuu Opposite Party :- State Of U.P. Counsel for Applicant :- Avdhesh Narayan Tiwari Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Avdhesh Narayan Tiwari, learned counsel for the applicant, and Sri Nikhil Chaturvedi, learned AGA appearing for the State and perused the record.
This application has been filed for quashing the impugned order / non-bailable-warrant dated 24.07.2015, passed by the Additional Session Judge-III/Gangster Act, Jalaun at Orai, G.S.T. No. 01 of 2015 (State VS. Rashid Mansoori and others), arising out of Case Crime No. 346 of 2014, under Section 2/3 U.P. Gangster Act, Police Station Ait, District Jalaun, pending before the Additional District Judge-III/Gangster Act, Jalaun at Orai.
It is has been argued by the learned counsel for the applicant that on the basis of two case registered against the applicant, the Gangster Act has been imposed on the applicant, and the applicant has been granted bail on those cases by the competent court below. The said fact has been mentioned in paragraph no. 12 of the affidavit.
Learned counsel for the applicant further contended that the applicant has already been granted bail by the competent court and thereafter they could not appear before the trial court, hence non-bailable-warrant was issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond their control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.
After having considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record, without expressing any opinion on the merits of the case, I dispose of this application with a direction that in case the applicant moves an application for cancelling the non-bailable-warrant issued against him before the court below within two weeks from today along with the certified copy of this order, in that case the concerned court will be at its discretion to pass appropriate order thereon either recalling the non-bailable-warrant issued against the applicant or directing the applicant to file fresh bail bonds of heavy sureties in the aforesaid case as the case may be within a further period of one week thereafter.
For a period of two weeks from today, non-bailable-warrant issued against the applicant shall be kept in abeyance.
In the event of failure, as directed above, the Court below shall be free to take all coercive action against the applicant for ensuring their appearance before it.
Order Date :- 1.10.2015 VKG