Allahabad High Court
Ajab Singh And 8 Others vs State Of U.P. And Another on 8 October, 2020
Author: Vipin Chandra Dixit
Bench: Vipin Chandra Dixit
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 2 Case :- APPLICATION U/S 482 No. - 14996 of 2020 Applicant :- Ajab Singh And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vipin Chandra Dixit,J.
Learned counsel for the applicants is permitted to correct the name of applicant No.7 and correction be carried out during the course of the day.
Heard Shri Ajay Singh Yadav, learned counsel for the applicants as well as learned A.G.A. and perused the record.
This application u/s 482 Cr.P.C. has been preferred seeking the quashing of Non-bailable warrant dated 4.12.2018 issued by First Additional Chief Judicial Magistrate, Ghaziabad in Criminal Case No.5508 of 2003(State vs. Mukesh Bhati and others) arising out of Case Crime No. 485 of 2000, under section 147, 323, 336 IPC, Police Station Loni, District Ghaziabad.
It is submitted by the learned counsel for the applicants that the applicants had gone to Mumbai for their livelihood and they were assured by their counsel that when their presence is required by the trial Court they will be duly informed, but the applicants were never informed by the counsel regarding dates and as such, non-bailable warrants have been issued by the Court below. It is further submitted by the learned counsel for the applicants that the applicants are ready to surrender before the Court below and they will never misuse the liberty of bail in future.
On the other hand, learned AGA has submitted that the applicants had absconded and did not participate in the proceedings before the Court below and as such, non-bailable warrants have rightly been issued by the learned Trial Court and there is no illegality which requires any interference by this Court.
After arguing the case for quite some time at length, learned counsel for the applicants himself has given up to address the Court on merits of the case and prayed, that the purpose of his clients would suffice, if a direction may be given to the courts below to decide their bail application within specific time frame.
No useful purpose would be served in keeping the application under 482 Cr.P.C. pending However, it is directed, that in case applicants appear and surrender before the court below within 45 days from today and apply for bail the court below shall consider and decide the bail prayer of applicants in view of the settled law laid by this Court in the case of Smt. Amarawati and another v. State of U.P., reported in 2004 (57)ALR 290, as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and others, reported in (2009) 3 ADJ 322 (SC). For a period of 45 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicants. However, in case, the applicants do not appear before the court below within the aforesaid period, coercive action shall be taken against them.
With the above directions, present application is disposed off.
Order Date :- 8.10.2020 P.P.