Court No. - 49
Case :- APPLICATION U/S 482 No. - 7059 of 2018 Applicant :- Dargahe Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Dayal Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State.
This application under Section 482 Cr.P.C. has been filed to quash the impugned order dated 22.01.2018 by which NBW has been issued against the applicant in Case No. 2306 of 2015 (State Vs. Ram Brikash Singh and others), under Sections- 419, 420, 467, 468 I.P.C., Police Station- Mehdawal, District- Sant Kabir Nagar.
Learned counsel for the applicant contended that earlier the applicant had been granted bail by the competent court and thereafter he could not appear before the trial court. Hence non-bailable warrant has been issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and that the applicant has every intention to appear before the court concerned and participate in the trial.
Considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the direction:
(i) the applicant shall move an application to cancel the non-bailable warrant issued against him before the court below within three weeks from today along with the certified copy of this order;
(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrant issued against the applicant or to direct the applicant to file fresh bail bonds within a further period of one week, thereafter;
(iii) for a period of 45 days from today, non-bailable warrant issued against the applicants shall be kept in abeyance.
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.
Order Date :- 28.2.2018 A. Singh