Sunit Gautam v. State of U.P. Thru. Prin. Secy. Home, U.P. Lucknow and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 7660 of 2023 Applicant :- Sunit Gautam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, U.P. Lucknow And Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

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

¶2The present application has been filed for quashing the impugned non bailable warrant order dated 18.05.2023 passed by learned A.C.J.M.-II, Lucknow in Criminal Case No. 27867 of 2020 (State vs. Ganesh Tiwari alias Pashupati Nath Tiwari and others) arising out of Case Crime No. 29 of 2020 U/s 419, 420 I.P.C., Police Station-Shushant Golf, Lucknow.

¶3Learned counsel for the applicant submits that applicant was enlarged on bail and he was appearing regularly before learned trial court but on one date, he could not appear before learned trial court. In this connection, exemption application was given by him but the same was rejected by learned trial court. It is further submitted that applicant does not have any criminal antecedents and he has ensured that he will appear on each and every date fixed before learned trial court till conclusion of the trial. It is, thus, submitted that indulgence of this Court is required.

¶4Learned A.G.A. opposes the prayer of applicant but he does not dispute this fact that applicant was on bail.

¶5Considering the submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of application as well as other relevant documents; it is evident that applicant was on bail and he was appearing before trial court but on 18.05.2023, he did not appear before it and his exemption application was also rejected.

¶6With the above observations, this Court is of the view that some lenient view is to be adopted by trial court. Therefore, the present application U/s 482 Cr.P.C. is allowed and the impugned order dated 18.05.2023 passed by learned A.C.J.M.- II, Lucknow is hereby quashed.

¶7Applicant is directed to appear before trial court on the next date fixed.

¶8Trial court is also directed to conclude the trial, expeditiously.

¶9Office is directed to communicate this order to trial court, forthwith. Order Date :- 2.12.2023 Arpan High Court of Judicature at Allahabad, Lucknow Bench