HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- APPLICATION U/S 482 No. - 28902 of 2015 Applicant :- Ajay Shankar Mishra @ Munna Opposite Party :- State Of U.P. And Ors. Counsel for Applicant :- Shesh Narain Mishra Counsel for Opposite Party :- Govt. Advocate Hon'ble Ramesh Sinha,J.
Heard Sri Shesh Narain Mishra, learned counsel the applicant and Sri Nitin Srivastava, learned A.G.A. appearing for the State and perused the record.
The present 482 Cr.P.C. application has been filed for quashing the impugned non-bailable warrant, issued against the applicant in G. T. No. 202 of 2008 (State Vs. Sandip Tripathi and others), under Sections 364, 364-A, 216, 212, 120-B, IPC and 3(1) of U.P. Gangster Act, Police Station Kotwali, District Basti, arising out of Case Crime No. 1207 of 2001, Police Station Kotwali, District Basti, pending before the Special Judge (Gangster Act)/Count No.5, Basti.
Learned counsel for the applicant 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 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.
The trial court is directed to expedite the trial and conclude the same expeditiously, preferably within a period of six months, from today, if there is no legal impediment.
Order Date :- 24.9.2015 VKG