Court No. - 79
Case :- APPLICATION U/S 482 No. - 43190 of 2019
Applicant :- Naushad @ Pandit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned NBW order dated 23.10.2019 passed by the Session Judge, Basti in S.T. No.42 of 2014, arising out of Case Crime No.1533 of 2009 (State Vs. Arvind Singh and others), under Sections 147,148, 149, 302, 307 IPC read with Section 25/27/30 Arms Act, Police Station Harraiya, District Basti, Learned counsel for the applicants submits that the applicants are resident of 150 km away from the District headquarter where the trial is going on and due to certain unavoidable circumstances, they could not present themselves in the Court and non-bailable-warrant were issued against the applicants. He further submits that some protection be given to the applicants.
Having heard the learned counsel for the applicants and perused the materials brought on record, it does not appear to be a fit case to quash the impugned order. The prayer to quash the same is hereby refused, at this stage as the argument raised by learned counsel for the applicants involves factual disputes and appraisal of evidence.
However, looking at the nature of offence alleged and attending facts and circumstances of the case, as have been brought on record, it is directed that if the applicants appear and surrender before the court below within 15 days from today and moves an application for recalling of NBW that will be decided by this Court urgently and if 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 Supreme Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P.
For a period of 15 days from today, the non-bailable warrant issued against the applicants shall be kept in abeyance.
The present application stands disposed of. Order Date :- 28.11.2019 Mini