Court No. - 49
Case :- APPLICATION U/S 482 No. - 42606 of 2018 Applicant :- Mukesh @ Mukesh Chauhan Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sanjeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Heard Sri Sanjeev Kumar Rai, learned counsel for the applicant and Sri Manoj Kumar Singh, learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed to quash the N.B.W. order dated 25.09.2018 passed by the learned Sessions Judge, Ballia in S.T. No. 202 of 2018 (State Vs. Narad Chauhan and others) arising out of Case Case Crime No. 133 of 2016, under Sections- 147, 148, 323, 504, 427, 506, 308, 352, 452, 336 I.P.C. and 7th Criminal Law Amendment Act, Police Station- Maniyar, District- Ballia.
Learned counsel for the applicant submits that the the case was registered against the applicant on 23.03.2016 and the applicant was admitted to bail vide order dated 26.04.2018. The applicant could not appear before the trial court on 25.09.2018 as he had gone abroad and NBW was issued against him. He further submits that the applicant is ready to surrender and move an application of cancellation of Non Bailable Warrant and some time be granted.
Learned A.G.A. for the State has opposed the prayer by submitting that at the time of granting bail there was a condition that the applicant will not leave the country without prior permission of the Court and therefore there is no ground for setting aside the impugned order.
I have carefully considered the submissions made by learned counsel for applicant as well as learned AGA for the State. I have also gone through the material available on record.
Considering the facts and circumstances of the case and submissions made by learned counsel for the applicant, I do not find any ground to quash the order dated 25.09.2018 and the prayer is declined.
The applicant was admitted to bail by the learned Sessions Judge, Ballia, vide order dated 26.04.2018 the Court granted the bail subject to the condition that the applicant Mukesh @ Mukesh Chauhan will not leave the country without obtaining prior permission of the Court. The impugned order dated 25.09.2018 reveals that the applicant Mukesh @ Mukesh Chauhan was absent and it was stated that he had gone abroad, the applicant has violated the condition of bail and therefore, Non Bailable Warrant was issued against him. It is not disputed by the learned counsel for the applicant that the applicant left India without obtaining prior permission of the Court.
In view of the facts and circumstances of the case, there is no sufficient ground for setting aside the impugned order dated 25.09.2018 passed by the learned Sessions Judge.
However, the applicant is directed to appear and surrender before the learned court concerned within 30 days from today in the aforementioned case and move an appropriate application for cancellation of Non Bailable Warrant. The learned trial court will consider the said application, in accordance with law, as expeditiously as possible. No coercive steps shall be taken against the applicant in the aforesaid case for a period of 30 days or till the application filed by the applicant is decided, whichever is earlier. In case, the applicant fails to appear before the court concerned within the aforesaid period, the interim order shall stand vacated.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
Order Date :- 29.11.2018 A. Tripathi (V.P. Vaish, J.)