Court No. - 41
Case :- APPLICATION U/S 482 No. - 35843 of 2019 Applicant :- Raghuveer Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Deepak Kumar Srivastava,Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Learned counsel for the applicant is permitted to make necessary correction in the prayer clause of the application U/S 482 Cr.P.C.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application U/S 482 Cr.P.C has been filed to quash the non-bailable warrant dated 9.8.2019 passed in Session Trial No. 283 of 2013 (State Vs. Raghuveer Singh and others) arising out of Case Crime no. 266 of 2013, under sections 302, 120-B IPC, P.S. Rudhauli, District Basti.
It is contended by the learned counsel for the applicant that in this case the applicant was on bail but due to some unavoidable circumstances the applicant could not appear before the court below on the date fixed and non-bailable warrant has been issued against the applicant.The applicant has every intention to appear and surrender before the court concerned and participate in the proceedings of the trial.
Considering the facts and circumstances of the case, I do not find any ground to quash the order of non bailable warrant dated 9.8.2019. therefore, the prayer for quashing the same is hereby refused.
However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, then the bail application of the applicant be considered and decided expeditiously in accordance with law.
With the aforesaid directions, this application is finally disposed off.
Order Date :- 26.9.2019/A.