Allahabad High Court
Narendra @ Narindra And Another vs State Of U.P. And Another on 23 February, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- APPLICATION U/S 482 No. - 4568 of 2023 Applicant :- Narendra @ Narindra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
List revised.
Heard Sri Umesh Kumar, learned counsel for the applicants, Sri S.B. Maurya, learned counsel for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicants- Narendra @ Narindra and Mukendra with the prayer to allow this application and quash the impugned Non Bailable Warrant (N.B.W.) order dated 25.05.2021 in S.T. No. 416 of 2018 (State Vs. Narindra and others) arising out of Case Crime No. 86 of 2018, under Sections 364, 506 I.P.C., Police Station Bagwala, District Etah pending in the Court of Additional District & Sessions Judge, Court No.1, Etah with a further prayer that proceedings of the aforesaid case be stayed against the applicants.
At the very outset, learned counsel for the applicants states that the purpose of the applicants would suffice if an order is passed directing the trial court to decide the bail application of the applicants, as expeditiously as possible. He further states that although the prayer has been made for quashing of the charge sheet, cognizance order and the proceedings of the case but he does not press the same.
Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants.
In view of the above, the prayer for quashing of proceedings/cognizance order/charge sheet is dismissed as not pressed.
However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants, it is directed that if the accused-applicants surrender before the trial court and apply for bail within two weeks from today, the same shall be considered and decided expeditiously in accordance with law. Till the aforesaid period, no coercive action shall be taken against the applicants. For a period of two weeks N.B.W. as issued against the applicants shall be kept in abeyance.
It it clarified that if the accused-applicants do not appear before the court concerned by the said date, the court concerned shall proceed against them in accordance with law.
The present application is disposed of.
Order Date :- 23.2.2023 AS Rathore (Samit Gopal,J.)