Court No. - 49
Case :- APPLICATION U/S 482 No. - 25698 of 2018 Applicant :- Sameer Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Birendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the N.B.W. dated 10.5.2018 as well as the entire proceedings of Case No. 259 of 2015, arising out of Case Crime No.236/2015, under Sections- 307, 325, 323, 504, 506 I.P.C., Police Station- Sarai Aqil, District- Kaushambi, pending in the court of Case Crime No.236 of 2015.
Learned counsel for the applicant contends that earlier the applicant had been granted bail by the competent court and thereafter they could not appear before the trial court. Hence non-bailable warrants have been issued against them. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond their control and that the applicant have every intention to appear before the court concerned and participate in the trial.
Considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the following direction:
(i) the applicant shall move an application to cancel the non-bailable warrant issued against them before the court below within three weeks from today along with the certified copy of this order;
(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non-bailable warrants issued against the applicants or to direct the applicant to file fresh bail bonds within a further period of one week, thereafter;
(iii) for a period of six weeks from today, non-bailable warrants issued against the applicant shall be kept in abeyance.
In the event of failure, on part of the applicant to act within time as directed above, the Court below may adopt all coercive measures to ensure their appearance.
Order Date :- 31.7.2018 Gaurav Pal