Bobby vs State Of U.P. And Another
2022 Latest Caselaw 18964 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 53
 

 
Case :- APPLICATION U/S 482 No. - 31728 of 2022
 

 
Applicant :- Bobby
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Kapil Tyagi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Varma,J.

Heard Sri Kapil Tyagi, counsel for the applicant and learned A.G.A. for the State.

The present application under Section 482 Cr.P.C. petition has been filed for quashing the non-bailable warrant order dated 08.01.2021 as well as entire proceeding of Case No. 3437 of 2017 (State v. Kapil and others), arising out of Case Crime No. 178 of 2017, under Sections 376, 328, 312 & 506 I.P.C., P.S. Kotwali Shahar, District Bulandshahr.

It is submitted by learned counsel for the applicant that the applicant was granted bail by this Court in Criminal Misc. Bail Application No. 30749 of 2017 (Bobby v. State of U.P.) on 07.09.2017. Thereafter, the family members of the applicant filed an application under Section 482 No. 8342 of 2018 (Kapil and two others v. State of U.P. and another and this Court vide order dated 22.03.2018, stayed the further proceedings of the case. However, on account of judgment of the Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. Vs. Central Bureau of Investigation, 2018 SCC Online SC 310, the proceedings of the court below commenced and non-bailable warrant has been issued against the applicant. The applicant was not aware of the said fact. It is contended that the applicant is a Sepoy in Indian Army and is presently posted at Nagaland. Counsel for the applicant submits that liberty may be accorded to the applicant to file an application for recall of the non-bailable warrant.

Learned AGA has no objection to the said prayer.

The prayer for quashing the non-bailable warrant as well as further proceedings of the aforesaid case is hereby refused.

However, it is provided that if the applicant files an application for recall of non-bailable warrant issued against him within four weeks from today, the said application shall be considered by the court concerned and appropriate order shall be passed expeditiously.

For a period of four weeks no coercive action shall be taken against the applicant.

In the event of failure, on part of the applicant to act within time as directed above, the court below may adopt all coercive measures to ensure his appearance.

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

Order Date :- 28.11.2022

VPS