Court No. - 49
Case :- APPLICATION U/S 482 No. - 11636 of 2021 Applicant :- Sarvesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This Application under Section 482 Cr.P.C. has been moved with a prayer to set-aside the impugned order dated 17.05.2018 passed by learned Special Judge (Decoity) Mainpuri in S.T. No. 77 of 2007 (Bhagirath vs. Vijay Singh and others) arising out of Case Crime No. 93 of 2007 under Section 395 I.P.C., P.S. Kotwali, District Mainpuri, whereby Non-Bailable Warrant has been issued against the applicant and all consequential proceedings thereon.
Submission of learned counsel for the applicant is that learned Special Judge, (Decoity), Mainpuri has wrongly passed the order issuing N.B.W. against the applicant. He further submitted that some-time may be given to him to appear before court below and move a bail application.
Per-contra learned A.G.A. opposed the above submissions and argued that applicant is a habitual absconder. Applicant jumped the bail on previous occasions also, hence applicant should not be granted any relief.
Perusal of the record reveals that on 17.05.2018, applicant, Suresh Kumar was absent and due to absence of applicant, order of N.B.W. was passed by the concerned court. Perusal of the record further discloses that on 31.05.2017 also and applicant moved an application to set-aside the order of issuance of N.B.W. Court concerned passed a detailed order stating therein that the issuance of warrant against the applicant is set-aside with the condition that applicant will remain present on the future dates and will cooperate with the trial. Thus, from the record, it is evident that applicant has jumped the bail on previous occasions also.
In view of the above, applicant is not entitled to any relief in this proceeding, hence, this application lacks merits and is, accordingly dismissed.
However it is the right of the applicant to move a bail application/recall application before the court concerned. Applicant can avail aforesaid right.
Order Date :- 30.9.2021 A. Mandhani