Court No. - 49
Case :- APPLICATION U/S 482 No. - 25594 of 2021 Applicant :- Durvesh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikram Singh Counsel for Opposite Party :- G.A.
Hon'ble Manoj Kumar Gupta,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This application under Section 482 Cr.P.C., has been filed with a prayer to quash the non bailable warrant dated 19.9.2021 issued by the court below.
From the perusal of the impugned order, it appears that due to non-appearance of the applicant, the non-bailable-warrant has been issued against them. There is no illegality or irregularity in the order impugned, therefore, the prayer for quashing the impugned order is refused.
However, considering the facts of the case, it is directed that in case, the applicants appear before the court concerned and applies for bail, the same shall be considered and decided in accordance with the 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.
With the aforesaid direction, this application stands disposed off.
(Manoj Kumar Gupta,J.) Order Date :- 21.12.2021 SL