Allahabad High Court
Mahesh Kumar Patel And Another vs State Of U.P. And Another on 6 October, 2023
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:192386 Court No. - 89 Case :- APPLICATION U/S 482 No. - 36976 of 2023 Applicant :- Mahesh Kumar Patel And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indra Sen Singh,Jay Prakash Patel Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed by the applicants to quash the order dated 26.07.2022 and 21.03.2023 directing issuance of bailable warrant, NBW and process under Sections, 82/83 Cr.P.C. against the applicants in Case Crime No.6425 of 2010, arising out of Case Crime No.198 of 2008, under Section 302, 201 I.P.C., P.S. Manda, District Prayagraj, pending in the Court of CJM, Allahabad.
3. Learned counsel for the applicants submits that applicant has challenged the proceedings of non bailable warrant and process under Sections 82 and 83 Cr.P.C. He further submitted that earlier applicants were released on bail but could not appear on date fixed, therefore, NBW and process under Sections 82 and 83 Cr.P.C. has been initiated against them.
4. Per contra,learned AGA opposed the submission raised by applicants' counsel and submitted that applicant had knowledge about the proceedings and they were enlarged on bail and intentionally did not participate in the proceedings and now trial has rightly issued NBW and initiated proceedings under Sections 82 and 83 Cr.P.C.
5. Considered the argument raised by applicants' counsel and perused the material brought on record, prima facie, no illegality appeared in the order passed by trial court, hence, no interference is warranted, at this stage.
6. The application under Section 482 Cr.P.C. stands disposed of.
7. However, if the applicants appear and surrender before the concerned court within three weeks from today and apply for bail, the bail application shall be decided expeditiously by the court concerned, in accordance with law.
Order Date :- 6.10.2023 Nitin Verma