Court No. - 38
Case :- APPLICATION U/S 482 No. - 16459 of 2019 Applicant :- Smt. Sita Kashyap Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
By means of the present application under section 482 Cr.P.C, the applicant has filed this application with a prayer to set aside the non-bailable warrant dated 8.1.2019 issued by the Additional Chief Judicial Magistrate, court no.5, Bareilly in case no. 4824 of 2017, State vs. Malti Devi and others, under section 420 I.P.C, police station Qila, District Bareilly arising out of charge sheet no. 67 of 2014 dated 19.6.2014 in case crime no. 264 of 2014.
Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.
Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the present case. He had filed application 482 No. 41453 of 2014 wherein this Court has granted stay but the same was dismissed by this Court for his not present vide order dated 6.12.2018. In the meantime the informant filed an application before the learned trial court for issuing non- bailable warrant and the same has been issued against the applicant.
Learned A.G.A. has vehemently opposed the prayer made by the learned counsel for the applicant and submitted that the applicant is still not surrendering before the concerned court, hence no relief can be granted to the applicant.
In view of the facts and circumstance of the case as the charge sheet was filed in the year 2014 and the applicant has still not appeared before the concerned trial court having full knowledge of the of the case. Accordingly, in view of the above, the prayer for quashing the non-bailable warrant dated 8.1.2019 issued by the Additional Chief Judicial Magistrate, court no.5, Bareilly in case no. 4824 of 2017, State vs. Malti Devi and others, is refused.
However, it is provided that if the applicant appears or surrenders before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously in accordance with law.
With the aforesaid direction/observation, the instant application finally stands disposed of.
Order Date :- 26.4.2019 G.S