Ashfaque vs State Of Up And Another
2019 Latest Caselaw 6167 ALL

Citation : 2019 Latest Caselaw 6167 ALL
Judgement Date : 9 July, 2019

Allahabad High Court

Ashfaque vs State Of Up And Another on 9 July, 2019

Bench: Karuna Nand Bajpayee




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 64
 

 
Case :- APPLICATION U/S 482 No. - 26472 of 2019
 

 
Applicant :- Ashfaque
 
Opposite Party :- State Of Up And Another
 
Counsel for Applicant :- Sanjai Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karuna Nand Bajpayee,J.

This application u/s 482 Cr.P.C. has been filed for quashing of impugned non bailable warrant order dated 13.8.2018 and consequential non bailable warrant and the process issued under Sections 82 and 83 Cr.P.C. dated 1.7.2019 by the J.M., Siddharth Nagar against the applicant in Criminal Case No. 228 of 2016, State vs. Shamsul Huda and others, arising out of case crime no. 1301 of 2015, under Sections 147, 323, 504, 506, 452, 427 I.P.C., P.S.- Jogiya Udaipur, District- Siddharth Nagar.

Heard applicant's counsel as well as learned AGA and perused the record.

The Court does not see any illegality, impropriety and incorrectness in the impugned orders under challenge and also there seem to be no abuse of court's process. There is no good ground to interfere in the same, therefore, the prayer for quashing of the impugned orders is refused.

Applicant's counsel submits that as it is being desired by the accused to obtain bail after surrendering in the court below, a protective direction may be issued to the lower court to decide the proposed bail application.

In view of the peculiar facts and circumstances of the case, it is directed that in case after surrendering in the court below an application for bail is moved on behalf of the accused within two weeks from today, the same shall be considered and decided in accordance with law.

In the aforesaid period or till the date of appearance of the accused in the court below, whichever is earlier, no coercive measures shall be taken or given effect to.

It is made clear that if this order is not availed by the accused within stipulated period of time, no time extension application shall be entertained.

It is further clarified that this order has been passed only with regard to the accused on behalf of whom this application u/s 482 Cr.P.C. has been moved in this Court.

With the aforesaid observations, this application is finally disposed off.

Order Date :- 9.7.2019

Naresh