Court No. - 88
Case :- APPLICATION U/S 482 No. - 9135 of 2021 Applicant :- Shahabuddin Ahmad @ Sameer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Singh Counsel for Opposite Party :- G.A.,Umesh Chandra Shukla,Vipul Kumar Singh
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Ajay Kumar Singh, learned counsel for the applicant, Sri Vipul Kumar Singh, learned counsel for opposite party No.2 and learned AGA for the State.
This application u/s 482 Cr.P.C. has been preferred for quashing of order dated 16.2.2021 issued by Chief Judicial Magistrate, Bhadohi in Complaint Case No. 85 of 2019(Simaran Bano vs. Shahabuddin Ahmad and others) Under Section 323, 504, 506, 498-A IPC and Section 3/4 D.P.Act, Police Station Gopiganj, District Bhadohi pending before learned Civil Judge(Jr. Div.)/FTC(Crime against Women ), Bhadohi at Gyanpur.
It is submitted by learned counsel for the applicants that the applicant was granted interim bail vide order dated 3.3.2020 which was extended till 17.4.2020 by the order of the Court. Thereafter he could not appear before the Court as the Civil Courts were closed due to covid-19. He further submitted that the applicant had not received any information regarding opening of Court. There was no deliberate intention for non- appearance before the Court but Non-bailable warrant was issued against the applicant. It is further submitted by the learned counsel for the applicant that the applicant is ready to surrender before the Court below and undertakes that he will never misuse the liberty of bail in future.
On the other hand, learned AGA as well as counsel for opposite party No.2 have submitted that the applicant had absconded and did not participate in the proceedings before the Court below and as such, non-bailable warrant has rightly been issued by the learned Trial Court and there is no illegality which requires any interference by this Court.
From perusal of record, it appears that the applicant did not appear before the Court after 17.4.2020 without sufficient cause, there is no illegality in the order issuing Non-bailable warrant against the applicant.
However, it is directed, that in case applicant appears and surrenders before the court below within 30 days from today and applies for bail the court below shall consider and decide the bail prayer of applicant expeditiously in accordance with law.
For the period of 30 days or till disposal of bail application, whichever is earlier, the non-bailable warrant shall remain stayed and no coercive action shall be taken against the applicant.
With the above directions, present application is disposed off.
Order Date :- 12.8.2021 P.P.