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Neutral Citation No. - 2025:AHC:6628 Court No. - 78 Case :- APPLICATION U/S 482 No. - 42746 of 2024 Applicant :- Sudhir Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Subhash Singh Yadav, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the record.
3. The present application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to allow the present application and quash the non-bailable warrant dated 18.7.2024 issued by Addl. District Judge, Court No.22, Allahabad in S.T. No.453 of 2013, Case Crime No.376 of 2008 u/s 379, 411, 413 IPC, P.S. Khuldabad, District Allahabad.
4. After arguments on merits at some length learned counsel for the applicant states that he does not want to press the prayers made in the present petition on merits. He submits that vide order dated 18.7.2024 non bailable warrants have been issued against the applicant. He submits that the purpose of the applicant would be served if he is permitted to appear before the trial court within a period of two weeks from today and file a regular bail application/an application for recall of non-bailable warrants.
5. Learned counsel for the State has no objection of aforesaid
arguments of learned counsel for the applicant.
6. In view of the above, the prayer for quashing as prayed for is dismissed as not pressed.
7. However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant, it is directed that if the accused-applicant appears and applies for bail/an application for recall of non-bailable warrants before the court concerned within three weeks from today, the same shall be considered and decided in accordance with law.
8. For a period of three weeks from today or till appearance of the applicant, whichever is earlier, the non-bailable warrants be kept in abeyance. However, if the applicant does not appear in the aforesaid time, the court concerned shall proceed as per law.
9. The present application is disposed of. (Samit Gopal, J.)
Order Date :- 15.1.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad