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2025 DAILYLAW 10407 (ALL)

JEETLAL v. STATE OF U.P. AND ANOTHER

A482/2821/2025 · 2025-01-27

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13797 Court No. - 83 Case :- APPLICATION U/S 482 No. - 2821 of 2025 Applicant :- Jeetlal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek,Ajay Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C. has been preferred challenging the Non-Bailable Warrant dated 02.01.2025 in Case No. 8 of 2004 arising out of Case Crime No. 62370030002, under Sections 279/304 A of I.P.C., Police Station- Bahariya, District- Allahabad. 3. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. 4. Therefore, no interference is required. 5. Accordingly, prayer of the applicant is refused. 6. However, considering the prayer made by learned counsel for the applicant, it is directed that in case the applicant apply for bail before the concerned court within 30 days from today, the same shall be disposed of in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. 7. The instant application is disposed of accordingly. Order Date :- 27.1.2025 Nitika Sri. Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad