Court No. - 49
Case :- APPLICATION U/S 482 No. - 13190 of 2021 Applicant :- Jitendra @ Tinku Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amul Kumar Tyagi
Hon'ble Vivek Agarwal,J.
Heard Sri Vijay Kumar, learned counsel for petitioner.
Sri Vijay Kumar submits that petitioner is aggrieved of order dated 03.03.2021 passed by learned Judicial Magistrate-IInd, Hapur in Case No. 538 of 2017 (Old No. 29 of 2016) originating from Case Crime No. 245 of 2004 under Section 386 IPC, Police Station-Hafizpur, District-Hapur, whereby non- bailable warrants have been issued against the petitioner. It is submitted that due to Covid, accused Jitendra @ Tinku could not appear before the court and he is willing to appear before the court concerned on each and every date, so fixed by the court. He may be allowed to appear before the court with an application for recall of the non-bailable warrants, inasmuch as, he is ready and willing to not only cooperate in the progress of the trial, but also undertakes to appear before the court concerned on each and every date given by the court, without fail.
In view of such submission, if petitioner-Jitendra @ Tinku appears before the court concerned on 05.08.2021 and move an application for recall of the non-bailable warrants, then court shall consider the same taking into consideration the Covid situation, which was prevailing in March-April, 2021 and pass an appropriate order on the application after recording the undertaking of the petitioner that he shall appear before the court on each and every date, on such terms and conditions, as the court may deem fit.
In above terms, petition is disposed off.
Order Date :- 29.7.2021 Vikram/-
Digitally signed by Justice Vivek Agarwal Date: 2021.07.29 18:12:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad