Om Prakash v. State of U.P. Thru. Prin.Secy. Home and Another

Court No. - 28 Case :- APPLICATION U/S 482 No. - 9894 of 2023 Applicant :- Om Prakash Opposite Party :- State Of U.P. Thru. Prin.Secy. Home And Another Counsel for Applicant :- Ajay Veer Singh,Abhinav Srivastava,Sharik Ahmad Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant application under section 482 Cr.P.C. has been filed by the applicant for staying of the impugned Non bailable warrant dated 28.08.2023 issued by the learned Civil Judge (Junior Division) Vth/Judicial Magistrate, Faizabad in Case No.462/2022 (State vs. Om Prakash Singh) arising out of Charge sheet dated 04.08.2021 under sections 419, 420, 406, 504, 506 I.P.C., Police Station-Haiderganj, District-Faizabad. It is further submitted that non-appearance before the court below is not deliberate but it had happened due to unavoidable circumstances. Learned counsel for the applicant submits that the applicant undertakes that he will not further jump the conditions of bail and will remain present on each and every date fixed by the court below. Learned counsel further undertakes that the applicant will appear before the court below within a period of two weeks and apply for bail. Learned AGA for the State has no objection to the contention aforesaid. In view of the aforesaid submissions, for the period of two weeks, non bailable warrant dated 28.08.2023 issued against the applicant shall remain stayed. However, if the applicant does not appear before the court below within the aforesaid period, this order shall stand revoked and no benefit of this order shall accrue to him. The application is disposed of. Order Date :- 10.10.2023 Manoj K. High Court of Judicature at Allahabad, Lucknow Bench