Prakash Yadav And 3 Others vs State Of Up And Another
2019 Latest Caselaw 733 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 8826 of 2019
 

 
Applicant :- Prakash Yadav And 3 Others
 
Opposite Party :- State Of Up And Another
 
Counsel for Applicant :- Kaushlendra
 
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 26.9.2018 passed by Additional Session Judge-II, Jaunpur in Special Session Trial No. 97 of 2007 (State Vs. Prakash and others), under section 323, 504, 506 IPC and Section 3(1)(10) SC/ST Act, P.S. Gaurabadshahpur, District Jaunpur pending in the court of Additional Session Judge-II, Jaunpur.

Learned counsel for the applicants contended that the reasons on account of which the applicants failed to appear before the trial court were beyond their control and 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. Accordingly, the prayer for quashing the order of non bailable warrant 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, if possible on the same day in accordance with law.

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

Order Date :- 7.3.2019

Masarrat