Jitendra Kumar vs State Of U.P. And Anr.
2021 Latest Caselaw 5247 ALL

Citation : 2021 Latest Caselaw 5247 ALL
Judgement Date : 12 May, 2021

Allahabad High Court

Jitendra Kumar vs State Of U.P. And Anr. on 12 May, 2021

Bench: Alok Mathur




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1975 of 2021
 

 
Applicant :- Jitendra Kumar
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Applicant :- Pradeep Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Alok Mathur,J.

1. Heard Sri Pradeep Kumar Mishra, learned counsel for the appellant, learned A.G.A. for the State through video conferencing in view of COVID-19 pandemic.

2. This application has been filed by the applicant for quashing the bailable warrant order dated 10.03.2021 passed by Additional Chief Judicial Magistrate, Bahraich in Complainant Case No. 272/2021 (Saurabh Singh Vs. Absaar Ahamad & Others) pending in the Court of Additional Chief Judicial Magistrate, Bahraich, Under Section 138 N.I. Act related to Police Station Dargah Sharif, District - Bahraich.

3. From the perusal of the impugned bailable warrant order as well as record, no case for quashing the same is made out.

6. After arguing the matter at some length, learned counsel for the applicants restricts his prayer to grant appropriate relief in light of the judgment passed in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC).

5. Learned A.G.A. has no objection to the aforesaid prayer.

6. In view thereof, it is provided that if the applicants namely Jitendra Kumar surrenders before the Court below within four weeks' from today and apply for bail, the Court below will consider the same, in accordance with law in view of the observations made in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in [2009 (3) ADJ 322 (SC)]

7. For a period of four weeks' or the decision taken by the court below in the instant matter, whichever is earlier, no coercive steps shall be taken against the applicant in the aforesaid case.

8. With the aforesaid observations, the present application stands disposed of.

(Alok Mathur, J.)

Order Date :- 12.5.2021/Ravi/