Allahabad High Court
Antariksha vs State Of U.P. And Another on 5 June, 2020
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?In Chamber Case :- APPLICATION U/S 482 No. - 10771 of 2020 Applicant :- Antariksha Opposite Party :- State of U.P. and Another Counsel for Applicant :- J.P. Pandey Counsel for Opposite Party :- G.A. Hon'ble Ajit Kumar,J.
Heard Sri J.P. Pandey, learned counsel for the applicant and Sri Devendra Kumar Singh, learned Additional Government Advocate for the State through video-conferencing and perused the records.
By means of this application u/s 482 Cr.P.C., the applicant has prayed for quashing of the impugned order dated 13th March, 2020 passed by the learned Judicial Magistrate, Mathura in Criminal Case No.- 272/X of 2019 (State v. Antariksha Verma and others), arising out of Case Crime No.- 82 of 2018, under Sections 498-A, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, 1961, Police Station- Mahila Thana, District- Mathura, whereby the interim bail granted to the applicant has been cancelled and non-bailable warrant has been issued against the applicant.
From the perusal of the records it transpires that the matter was fixed before the court below on 1st February, 2020 on which date the applicant did appear before the court below and the court granted interim bail to the present applicant and also referred the matter to the mediation and conciliation centre fixing 24th February, 2020. Consequently, the applicant did appear on 24th February, 2020 before mediation centre and also did appear on 26th February, 2020 before the court below. On 26th February, 2020 the interim bail was extended till 13th March, 2020 and the applicant was directed to remain present on 13th March, 2020 and since he could not appear so his interim bail was not extended for want of medical certificate.
However, it has been pleaded in the affidavit filed in support of the bail application that since his working outside the country at Dubai and his leave was going to end, he departed India on 4th March, 2020 to join back his service in Dubai. After arriving at Dubai, the applicant suffered from Pandemic Covid-19 and, accordingly, he could not travel back to India and thereafter due to suspension of international flights, he could not come to attend the Court on 13th March, 2020. The entire facts were brought to the notice of the court below, however, court below has rejected the bail application of the applicant on the ground that medical certificate has not been supplied by the applicant in that regard.
It has been argued by the learned counsel for the applicant that the applicant has never avoided appearance before the Court but for Pandemic Covid-19 he could not appear before the Court on subsequent dates. Learned counsel for the applicant undertakes that the applicant will appear before the Court on resumption of the international flights between India and Dubai and shall also submit the medical certificate as required by the learned Chief Judicial Magistrate under his order dated 13th March, 2020.
Learned Additional Government Advocate has, however, opposed the prayer for bail but submits that if an undertaking is being given by the learned counsel for the applicant, the Court can consider his bail application as admittedly Covid-19 Pandemic has been on extraordinary situation world over.
Considering the overall facts and circumstances of the case, the interim bail already granted to the applicant Antariksha Verma, is directed to continue on interim bail in the aforesaid case provided he appears before the learned Judicial Magistrate, Mathura and applies his regular bail and also submits an affidavit along with medical certificate of his having suffered from Pandemic Covid-19 on the next date fixed by the court below after his first appearance within two weeks of the resumption of the international flights between India and Dubai as per the undertaking given by the learned counsel for the applicant on behalf of the applicant.
It is further provided that this order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before the court concerned as soon as it is issued.
In view of the aforesaid, this application stands disposed of.
Order Date :- 5.6.2020 Atmesh