Abu Talib and 3 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 41948 of 2023 Applicant :- Abu Talib And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to quash the non-bailable warrant dated 04.09.2023 and proceedings of Case No. 3840 of 2018 (Gokil Prasad vs. Abu Talib and others), under Section 147, 427 I.P.C., P.S. Bhojipura, District Bareilly pending in the court of Additional Civil Judge (Senior Division), Bareilly. At the outset learned counsel for the applicants gave up his challenge to the aforesaid non-bailable warrant and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicants expeditiously. Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period. In view of the above, the relief as sought by the applicants in the instant application is refused. However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within two weeks from today and in case they apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922. For the period of two weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant dated 04.09.2023 shall be kept in abeyance. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 23.11.2023 Saurabh High Court of Judicature at Allahabad