Court No. - 49
Case :- APPLICATION U/S 482 No. - 10379 of 2021 Applicant :- Sher Bahadur And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Agarwal,J.
1. Sri Deepak Singh, learned counsel for the applicants and learned AGA for the State.
2. Learned counsel for the applicants submits that applicants were enjoying benefit of interim anticipatory bail.
3. On 05.01.2021, learned Special Chief Judicial Magistrate recorded an ordersheet that since accused has not presented a Covid report, therefore, benefit of interim bail was not extended and, thereafter, non bailable warrant has been issued on 21.01.2021.
4. Applicants submit that procedure for getting RTPCR report is so tedious and lengthy that its non production could not have taken away the freedom already allowed in favour of the applicants merely on technicality, therefore, order of issuance of non bailable warrant is nothing but arbitrary exercise of power and be recalled. Learned counsel for the applicants submits that the case is listed on 25.08.2021
5. Sri Gambhir Singh, learned AGA for the State submits that not only non bailable warrant has been issued but proceedings under Section 82 Cr.P.C. have also been initiated.
6. Taking into consideration a fact that applicants were already extended benefit of interim bail and that has been withdrawn merely due to technical happening of non production of Covid test report and not for any of the violations of the terms and conditions of the interim bail, in the hands of the applicants, impugned order 21.01.2021 is set aside.
7. It is directed that in case applicants shall appear before the concerned court on 05.08.2021 with a copy of this order with an application for recall of non bailable warrants, then the court shall decide the same on its own merits. Applicants shall also take report of RTPCR alongwith them on 05.08.2021 and till then, no coercive action be taken against the applicants.
8. It is made clear that in case applicants fail to appear before the court concerned on 05.08.2021 and move an application for recall of non bailable warrant with an undertaking to appear each and every date granted by the court, this order passed by the Court shall exist.
9. In above terms, application is disposed off.
Order Date :- 30.7.2021 Ravi/-