Jasraj vs State Of U.P. And Another
2024 Latest Caselaw 36176 ALL

Allahabad High Court

Jasraj vs State Of U.P. And Another on 5 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:173332
 
Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 29575 of 2024
 

 
Applicant :- Jasraj
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Siddharth Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Siddharth Singh, learned counsel for the applicant and Sri R.K. Singh, learned A.G.A. for the State are present.

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 26.07.2024 passed by Additional Chief Judicial Magistrate- I, Bulandshahar in Case No. 1899 of 2019 (State vs. Jasraj), arising out of Case Crime No. 70 of 2006, under Sections 279, 304-A IPC, whereby NBW has been issued against the applicant.

Learned counsel for the applicant submits that the applicant was granted bail earlier to issuing of Non-Bailable Warrant. Learned counsel for the applicant submits that the impugned order has been passed without satisfying itself that the summon and other process for attendance has been served. It is further submitted that non-bailable warrant has been issued without issuing any summon and bailable warrant.

Learned counsel for the applicant further submitted that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard.

Learned A.G.A. has opposed the application.

Considering submissions of learned counsel for the applicants and perusing record, the instant application u/s 482 Cr.P.C. is finally disposed of with a direction that in case applicant appears before the court below within three weeks from today and applies for bail/recall of non bailable warrant, his application shall be shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.

For a period of three weeks from today or till applicant appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance.

Order Date :- 5.11.2024

MAA/-