Allahabad High Court
Budhsen And Another vs State Of U.P. And 2 Others on 13 April, 2021
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7443 of 2021 Applicant :- Budhsen And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Prashant Sharma,Pankaj Sharma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J.
Court is working on virtual mode.
Heard Pankaj Sharma, learned counsel for the applicants through video conferencing and the learned A.G.A.
By means of this application, the applicants have prayed for releasing them on anticipatory bail in Complaint Case No.2606 of 2009, (Ratnesh Vs. Budhsen) under sections 467, 468 and 471 I.P.C., related to Police Station-Hathras Junction, District-Hathras arising out of summoning order dated 07.11.2003 passed by learned Chief Judicial Magistrate Hathras as well as quashing the bailable warrant order dated 26.2.2019 passed by learned Additional Chief Judicial Magistrate, Hathras.
At the outset on instructions, learned counsel for the applicants submits that they do not want to press this application on merits and undertakes to appear before the learned trial court to file appropriate application as non bailable warrant has been issued against the applicants and seek protection for four weeks from any coercive action.
A.G.A has no objection.
Considering submission and also the prevailing situation due to Covid-19, the non bailable warrant issued against the applicants on 15.2.2021, is kept in abeyance for a period of three weeks from today and in case the applicants appear before the trial court during this period and files an appropriate application, the same shall be considered by the trial court in accordance with law. In case of default, trial court is directed to take appropriate proceedings against the applicants.
The application is disposed of.
Order Date:-13.4.2021 SB