VISHNU KUMAR @ V.K. SHARMA v. STATE OF U.P. AND ANOTHER
A482/41540/2024 · 2025-02-16
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109526 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109526 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:22351 Court No. - 52 Case :- APPLICATION U/S 482 No. - 41540 of 2024 Applicant :- Vishnu Kumar @ V.K. Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jyoti,Kanchan Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
1. Learned counsel for the applicant has filed supplementary affidavit in the Court today, which is taken on record. Office is
directed to register the same. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 3. The present 482 Cr.P.C., application has been filed with the following prayer :-
"It is, therefore, MOST RESPECTFULLY PRAYED that this Hon'ble Court may graciously be pleased to allow the present application and kept away or quash the Non Bailable Warrant dated 25.01.2023 in Criminal Case No. 880 of 2015 (State Vs. Vishnu), arising out of Case Crime No. 220 of 2015, U/s 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District-Agra and further directed to the court concerned permit to the applicant for appear in the above noted proceeding before the learned court of A.C.J. (J.D.)/F.T.C. Court No. 1, Agra."
4. Learned counsel for the applicant submits that earlier the applicant-husband of daughter of opposite party no.2 was enlarged on bail in the year 2018 and he has appeared before the court concerned nearly on all the dates leaving a few, therefore, non- bailable warrants have been issued against him. He is ready and willing to cooperate in the trial and could not absent himself in any of the date, therefore, some protection may be granted to the applicant to surrender before the concerned court below. She further prays that a direction may be issued to the concerned court below to consider and decide the bail application/surrender application of the applicant expeditiously. 5. Learned A.G.A. for the State of U.P. submits has no objection to the aforesaid. 6. In view of above, considering the aforesaid alternative prayer
made by learned counsel for the applicant, it is directed that the applicant shall file a surrender application before the concerned Court below within three weeks. On receiving the surrender application, the Court concerned shall obtain instructions from the public prosecutor and fix a date for appearance/surrender of the applicants and for hearing the applicant on surrender application. 7. On the date fixed by the Court concerned, the applicant will have liberty to prefer a bail application and a copy of the same be provided to the public prosecutor.
In case, any such bail application is filed, the same shall be considered and decided by the Court below along with the surrender application, on the date fixed, in accordance with law, after hearing the informant/opposite party no.2, keeping in view the guidelines as laid down by the Hon'ble Apex Court. 8. For the period of three weeks from today or till the surrender application is decided, whichever is earlier, the non-bailable warrant dated 25.01.2023 shall be kept in abeyance. 9. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed off.
Order Date :- 17.2.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad