Court No. - 66
Case :- APPLICATION U/S 482 No. - 46845 of 2019 Applicant :- Dheeraj Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Counsel for Opposite Party :- G.A.
and Case :- APPLICATION U/S 482 No. - 46878 of 2019 Applicant :- Rahul Verma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Both applications arising out of same case crime number and same non bailable warrants, therefore, they are being disposed of by a common order.
Heard Sri Raj Kumar, learned counsel for the applicants and learned AGA.
The present applications u/s 482 Cr.P.C. have been filed for quashing the non bailable warrant order dated 4.11.2019 passed by Additional District Judge/F.T.C. (14th Vitta Ayog) under sections 363, 366, 376-D, 342, 392 IPC and 3/4 POCSO Act arising out of Case Crime no. 309 of 2019, P.S. Kotwali Orai, District Jalaun.
Learned counsel for the applicants submitted that Additional District Judge has illegally issued non bailable warrants vide order dated 4.11.2019 on the basis of an application moved by the I.O.
Per contra learned AGA pointed out that the applicants had challenged the F.I.R. in Criminal Misc. Writ Petition no. 10291 of 2019 and the same was disposed of by the Division Bench of this Court vide order dated 19.4.2019 while observing that :-
"However, it is provided that in case petitioners appear and surrender before the court below within two months from today and apply for bail, their prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of two months from today or till petitioners surrender and apply for bail, whichever is earlier, no coercive action shall be taken against the petitioners. However, in case, petitioners do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.
With the aforesaid observations, the writ petition is disposed of."
It has been argued that despite specific direction of the Court the applicants did not comply with the order and therefore, an application was moved by the I.O. for issuance of non bailable warrant.
In my opinion, the applicants did not comply with the order passed by the Division Bench of this Court and continuously absconded, thus the court below has rightly issued non bailable warrants against the applicants.
The present applications have no force and the same are, accordingly, dismissed.
However, if the applicants appear or surrender before the court below and apply for bail, their bail shall be considered and disposed of in accordance with law.
Order Date :- 18.12.2019 Dhirendra/