Ankit Maurya v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 40962 of 2023 Applicant :- Ankit Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babita Shukla,Ram Prakash Shukla Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

¶2This application under Section 482 Cr.P.C. has been filed for quashing the non-bailable warrant dated 03.05.2023 issuing the N.B.W. to the applicant to fresh bail bond in view of the earlier bail in criminal case No.133 of 2022 (crime No.0362 of 2021), under Sections 394 and 411 IPC, Police Station-Badlapur, District-Jaunpur.

¶3Learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.

¶4Learned AGA appearing for the State opposed the prayer.

¶5Having regard to the facts and circumstances of the case, after perusing the impugned order as well as the materials brought on record and having considered the submissions made by the learned counsel for the parties, the prayer made in the application is refused.

¶6However, without expressing any opinion on the merits of the case, the application is disposed of with a direction to the applicant to move an application before the trial court for cancellation of N.B.W., which shall be heard and decided in accordance with law. For a period of four weeks from today, effect and operation of non-bailable warrant issued against the applicant shall be kept in abeyance.

¶7With the aforesaid observations, the application is disposed off. Order Date :- 6.11.2023 Ashutosh High Court of Judicature at Allahabad