Shahanshah vs State Of U.P. And Another
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Allahabad High Court

Shahanshah vs State Of U.P. And Another on 2 February, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:18971
 
Court No. - 92
 

 
Case :- APPLICATION U/S 482 No. - 2435 of 2024
 

 
Applicant :- Shahanshah
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Shashank Pathak,Satish Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Prashant Kumar,J.
 

1. Heard Sri Satish Sharma, learned counsel for the applicant and Sri Shashidhar Pandey, learned AGA for the State.

2. By means of instant application under Section 482 Cr.P.C. the applicants have prayed for quashing the N.B.W. order dated 01.04.2023 passed by learned F.T.C., Allahabad against the applicant as well as entire proceeding of S.T. No.34 of 2023( State Vs. Shahanshah), arising out of Case Crime No.445 of 2022, under Section 3/25 Arms Act, Police Station Colonelganj, District Prayagraj pending before the Court of learned F.T.A.-I, Allahabad.

3. Learned counsel for the applicant submits as the applicant is a labour and doing labour work for livelihood of his family in Gujarat. He further submits that due to communication gap with the local counsel he could not appear before the trial Court and the trial Court has issued Non-Bailable Warrants against the applicant. He further submits that the applicants have been falsely implicated in the present he has not committed any offence as alleged in the FIR.

4. Per contra, learned A.G.A. vehemently oppose the present application and contended that the applicant since 07.02.2023 to 29.11.2023 the applicant did not appear before the trial Court, thereafter, the N.B.W. has been issued against him on 29.11.2023. He further submits that the Court below has rightly issued N.B.W. against the applicant and no interference is required by this Court in the impugned order and the proceedings of the trial case.

5. The prayer for quashing the N.B.W. and the entire proceedings of the above mentioned case is hereby refused.

6. At this stage, learned counsel for the applicant submitted that directions may be given to the court below to consider the bail application of the applicants in view of the judgment in the matter of Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

7. In the case of Satendra Kumar Antil (supra), the Hon'ble Supreme Court laid down the guidelines for deciding of the bail application. For that purpose, the cases have been divided under four categories. The Hon'ble Supreme Court has observed that the trial courts and the High Courts will keep in mind the aforesaid guidelines, while considering the bail application. This Court has no doubt, that as and when, the applicants approach the trial court for bail, the trial court shall definitely follow the directions given in the case of Satender Kumar Antil (supra).

8. However, considering the nature of the allegations and submissions made by learned counsel for the applicant, it is directed that in case the applicant appears and surrenders before the court concerned and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by this Court in the case of Satender Kumar Antil (supra).

9. With the above directions, this application u/s 482 is disposed of finally.

Order Date :- 2.2.2024

S.P.