Naviyash And Another vs State Of U.P. And Another
2019 Latest Caselaw 1411 ALL

Citation : 2019 Latest Caselaw 1411 ALL
Judgement Date : 15 March, 2019

Allahabad High Court

Naviyash And Another vs State Of U.P. And Another on 15 March, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 9869 of 2019
 

 
Applicant :- Naviyash And Another
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Ishwar Chandra Tyagi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under section 482 Cr.P.C. has been filed for quashing the non bailable warrant dated 22.2.2019 passed in Criminal Case No. 2039 of 2018 (State Vs. Naviyash & others) arising out of Case Crime No. 2832 of 2017, under section 419, 420, 352, 506 IPC, P.S. Kotwali Khalilabad, District Sant Kabir Nagar.

It is contended by the learned counsel for the applicants that the applicants have filed an Application U/s 482 Cr.P.C. No. 34332 of 2018 (Naviyash & others Vs. State of U.P. & another) which was disposed of by this court vide order dated 12.10.2018 with the direction that if the applicants appear before the court below in the aforesaid case within 30 days and apply for bail, the same shall be heard and disposed of in accordance with law. Thereafter, the co-accused Sadik was appeared before the court below and he was granted bail. Due to unavoidable circumstances the applicants could not appear before the court below within the time granted by this Hon'ble Court, therefore, non bailable warrant has been issued against the applicants. The applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.

Considering the facts and circumstances of the case, I do not find any ground to quash the order of non bailable warrant dated 22.2.2019. Accordingly, the prayer for quashing the same is hereby refused.

However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicants be considered and decided expeditiously in accordance with law.

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

Order Date :- 15.3.2019

Masarrat