Citation : 2019 Latest Caselaw 730 ALL
Judgement Date : 7 March, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 8889 of 2019 Applicant :- Manoj Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, 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 29.11.2018 passed by Additional Session Judge (F.T.C.) Agra in S.T. No. 446 of 2011 (State Vs. Manoj) under section 323, 504, 506, 376, 120B IPC, P.S. Shahganj, District Agra (arising out of Case Crime No. 231 of 2009).
Learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and cooperate with 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 29.11.2018, therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicant appears and surrenders before the court below within 3 weeks from today and applies for bail, then the bail application of the applicant be considered and decided expeditiously, if possible on the same day in accordance with law. Till then no coercive action shall be taken against the applicant.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 7.3.2019
Masarrat
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