Danish v. State of U.P.And Another

Court No. - 4 Case :- APPLICATION U/S 482 No. - 38713 of 2023 Applicant :- Danish Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Suneel Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2The present 482 Cr.P.C. application has been filed to quash non bailable warrant dated 04.10.2023 passed by Session Judge, Rampur in S.T. No. 225 of 2022 (State vs. Riyaz and others) arising out of Case Crime No. 182 of 2022, Under Section 147, 148, 149, 120B, 307, 302/34 I.P.C., Police Station - Tanda, District -Rampur.

¶3It is argued by learned counsel for the applicant that pursuant to the charge sheet dated 08.08.20222, the applicant put up his appearance before the Court below and applied for bail and he has released on bail. It is further stated that applicant after released on bail continuously appeared and cooperate with the proceedings but due to personal work applicant was not appeared before the trial court on 04.10.2023 and filed exemption application for his appearance before the Court but the Court below wholly illegally rejected the same and issued non-bailable warrant on 04.10.2023 against the applicant. It is argued that the applicants are ready and willing to appear before the court below, if the non-bailable warrant shall kept in abeyance by this Court.

¶4Considering the above, the non-bailable warrant issued against the applicant in the aforesaid case is kept in abeyance till the next date fixed in the matter, subject to the condition that the applicant shall appear before the court below on the next date fixed.

¶5It is made clear that the court below will pass order in the matter strictly in accordance with law.

¶6With the above, the present application is disposed of. Order Date :- 18.10.2023 Swati High Court of Judicature at Allahabad