Allahabad High Court
Islam Ahmad And Another vs State Of U.P. And Another on 10 February, 2023
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 67
Case :- APPLICATION U/S 482 No. - 1917 of 2023
Applicant :- Islam Ahmad And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Narendra Mohan,Mohd. Akaram
Counsel for Opposite Party :- G.A.
AND
Case :- APPLICATION U/S 482 No. - 15240 of 2017
Applicant :- Afaq Ahmad And 5 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Mohd. Akaram,Narendra Mohan,Syed Mehdi Haider Zaidi
Counsel for Opposite Party :- G.A.,Arun Kumar Singh
Hon'ble Rahul Chaturvedi,J.
Heard Shri Narendra Mohan and Mohd. Akaram, learned counsel for the applicants and learned A.G.A. for the State and also perused the record.
These are two applications u/s 482 Cr.P.C., first having APPLICATION U/S 482 No. - 15240 of 2017 which was filed against the charge sheet dated 8.5.2016 and 10.8.2016 and the second APPLICATION U/S 482 No. - 1917 of 2023 was filed challenging the orders of N.B.W. and proceedings u/s 82 & 83 of Cr.P.C. dated 10.8.2021 and 30.9.2022 passed by the learned Special Judge, D.A.A., Rama Bai Nagar (Kanpur Dehat) in S.T. No.84 of 2016 (State vs. Islam Ahmad and another) arising out of Case Crime No.487 of 2015, u/s 147, 448, 392, 323 I.P.C. and Section 3(2)(5) of SC/ST Act, P.S.-Rasulabad, District Rama Bai Nagar (Kanpur Dehat), pending in the court of Special Judge, D.A.A., Rama Bai Nagar (Kanpur Dehat). Therefore, both these 482 applications are being decided by this common order.
Contention of learned counsel for the applicants is that earlier Application u/s 482 No.15240 of 2017 (Afaq Ahmad and others vs. State of U.P. and others), was filed on 12.5.2017, wherein an interim order was granted in favour of applicants on 16.5.2017, which was lasted up to 2019. Thereafter in view of the ratio laid down in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and other Vs. Central Bureau of Investigation the earlier interim order stood vacated automatically in the light of above judgment.
Learned counsel for the applicants has further submitted that vide order dated 7.9.2016 the applicants Aftab Ahmad and Islam Ahmad were released on bail by Coordinate Bench of this Court while allowing Criminal Misc. Bail Application No.30661 of 2016 (Aftab Ahmad and another vs. State of U.P.) vide order dated 7.9.2016.
On account of certain uncertainties during Covid period, the applicants could not appear before the court regularly. The trial court has construed the absence of applicants as a violation of condition of the bail order ignoring the fact that during 2019-2021 there was trying condition on account of Covid pandemic, and therefore, the applicants could not appear in the court. Consequently non-bailable warrants were issued and the proceedings u/s 82 & 83 have been initiated by the court vide orders dated 10.8.2021 and 30.9.2022 against the applicants.
Now challenging these order, the applicants have approached this Court by filing APPLICATION U/S 482 No. - 1917 of 2023. It is contended by learned counsel for the applicants that now the applicants are more than keen to participate in the proceeding of the trial, for this the interest of the applicants may be protected.
Under the circumstances, it is directed that the impugned orders dated 10.8.2021 and 30.9.2022 issued against the applicants shall remain stayed till 28.2.2022. During this period, applicants shall appear before the court concerned and apply for bail. If the applicants appear and apply for bail, the same shall be considered and decided by the concerned court taking into account the facts and circumstances of the case. If the court concerned deems it appropriate to release the applicant on bail, a condition of heavy surety shall be fastened upon them with the written undertaking by the applicants that they would not seek any undue and unwarranted adjournments till conclusion of trial.
With the above observation, both these applications are hereby disposed of.
Order Date :- 10.2.2023
M. Kumar
