Court No. - 78
Case :- APPLICATION U/S 482 No. - 43477 of 2019 Applicant :- Khalid @ Mohammad Khalid And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Raees Ahamad,Arif Ikbal Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicants with the prayer to quash the NBW dated 15.03.2019, passed by Additional Sessions Judge/F.T.C.-I, Bhadohi Gyanpur (Sant Ravidas Nagar) in Session Trial No.39 of 2014 (State of U.P. Vs. Khalid and others) arising out of Case Crime No.298 of 2012, under Section- 307 IPC and 3/5A/8 of U.P. Cow Slaughter Act, 1955, Section- 11 and 38 (3) of Animal Cruelty Act, 1960, and Rule 48, 59, 52, 54 and 56 of Transportation Act, 1978 Police Station- Gopiganj, District- Sant Ravidas Nagar.
Learned counsel for the applicants submitted that the applicants have been falsely implicated in this case. During the trial of the case they could not appear before the court below on 15.03.2019 and NBW has been issued against them. Their non appearance were bona fide and not intentional.
From the perusal of the material on record at this stage it cannot be said that no offence is disclosed against the applicants. Due to non appearance before the trial court order to issue NBW was passed 15.03.2019. It cannot be said that the order has been passed illegally.
In view of the above, the prayer to quash the Non-Bailable Warrant against the applicants is refused.
However, in view of the facts and submission of learned counsel for the applicants, it is provided if the applicants appear and surrender before the court concerned within thirty days from today and apply for bail, the same shall be considered and decided expeditiously in accordance with law by the courts below.
For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive shall be taken against them.
With the aforesaid directions, this application u/s 482 is disposed of finally.
Order Date :- 28.11.2019 Ashutosh Pandey