Allahabad High Court
Ramvilas @ Paswan vs State Of U.P. And Another on 18 October, 2024
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:165980 Court No. - 74 Case :- APPLICATION U/S 482 No. - 34874 of 2024 Applicant :- Ramvilas @ Paswan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bratendra Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant and learned A.G.A. appearing on behalf of opposite party No.1-State. In view of order being passed, notice to opposite party No.2 stands dispensed with.
2. Application under Section 482 Cr.P.C. has been filed challenging order dated 23rd April, 2024 whereby the applicant's bail has been cancelled and he was taken into custody with regard to case crime No. 231 of 2021 under Sections 302, 34, 201, 506 IPC, P.S. Bhongaon, District Mainpuri and his personal bond has also been seized with non bailable warrant also being issued.
3. Learned counsel for applicant submits that the applicant was earlier enlarged on bail and was continuously appearing before the trial court but on 23rd April, 2024, his counsel was unable to appear when the case was taken up due to which the court itself directed the applicant who was present in the court to ensure presence of his counsel but by the time he returned, the court had already arisen while passing the impugned order.
4. It is submitted that the applicant has never misused the bail and was in fact cooperating in the trial and therefore there was no occasion for the trial court to have passed the impugned order. It is submitted that even otherwise the applicant being a poor person is unable to furnish the personal bond of Rs.30,000/-
5. Learned counsel for applicant at this stage on the basis of instructions submits that liberty may be granted to the applicant to file appropriate application for dispensing with personal bond to such a high extent which may be directed to be considered.
6. Learned A.G.A. does not have any objection to the prayer so made.
7. In view of submissions advanced by learned counsel for applicant, without interfering into merits of the case and without interfering with the order impugned at this stage, liberty is granted to the applicant to file an appropriate application before the court concerned for dispensing with or lowering the amount of personal bond. In case such an application is filed, the same shall be considered and decided expeditiously.
8. With the aforesaid directions, the application stands disposed of.
Order Date :- 18.10.2024 Prabhat