Court No. - 41
Case :- APPLICATION U/S 482 No. - 28829 of 2019 Applicant :- Ajam Ali And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
The present application under Section 482 Cr.P.C. has been moved on behalf of applicants to quash the non bailable warrant dated 7.1.2019 issued by the learned Chief Judicial Magistrate, Fatehpur in Criminal Case No. 2768 of 2017 (State Vs. Alam Ali and others) under Sections 325, 323, 504, 506 of IPC, Police Station Bindki, District Fatehpur pending in the court of Chief Judicial Magistrate, Fatehpur.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants were on bail in this case. On 7.1.2019 an Exemption Application was moved on behalf of the applicants which was rejected by the court below and non bailable warrant has been issued against the applicants. It has further been submitted that the applicants have every intention to appear before the court concerned and participate in the proceedings of the trial.
Considering the facts and circumstances of the case, I do not find any ground to quash the order of non bailable warrant. Accordingly, the prayer for quashing the order of non bailable warrant is hereby refused.
However, it is provided that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, then the bail application of the applicants be considered and decided expeditiously, if possible on the same day in accordance with law.
For a period of 30 days form today or till the disposal of the application for grant of bail, whichever is earlier, no coercive action shall be taken against the applicants.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 25.7.2019 Mohit