Extracted from the PDF above. The PDF is authoritative.
Court No. - 71 Case :- APPLICATION U/S 482 No. - 44734 of 2024 Applicant :- Veer Bahadur Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mainuddin Ahamad Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Mainuddin Ahamad, the learned counsel for applicant and the learned A.G.A. for State. Perused the record. Applicant Veer Bahadur Yadav, who is a charge sheeted accused has approached this Court by means of present application under section 482 Cr.P.C. 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 quash the N.B.W.
order dated 25.11.2024 passed by Special Judge SC/ST Act, Mau in S.T. No. 528 of 2022 (State Vs. Veer Bahadur) arising out of Case Crime No. 0434 of 2022, Under section 354, 323, 504, 506 & 376 I.P.C. and 3(2) (va) SC/ST Act, P.S. Saralakhansi, District- Mau pending in the court of Special Judge SC/ST Act, Mau. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings in S.T. No.528 of 2022 (State Vs. Veer Bahadur) arising out of Case Crime No. 0434 of 2022, Under section 354, 323, 504, 506 & 376 I.P.C. and 3(2) (va) SC/ST Act, P.S. Saralakhansi, District- Mau pending in the court of Special Judge SC/ST Act, Mau, during the pendency of the aforesaid application before this Hon'ble Court, otherwise, the applicant shall suffer an irreparable loss and injury."
Learned counsel for applicant submits that applicant was enlarged on bail vide order dated 18.4.2023. Ever since then applicant has committed only one default in appearing before Court below i.e. on 25.11.2024. Unfortunately, no application for exemption could be filed. Consequently, Court below issued non bailable warrant against applicant. On the above premise, the learned counsel for applicant submits that applicant is ready to appear within the time peiod granted by this Court. He however, submits that in case applicant appears before court below within the time period granted by this Court, then Court below be directed to recall the non bailable warrant
issued against applicant or enlarge the applicant on bail. Per contra, the learned A.G.A. does not oppose the prayer made by the learned counsel for applicant. Considering the facts and circumstances of the case, as noted herein above, it is provided that in case applicant surrenders before court below within two weeks from today and files an application for recall of non bailable warrant alongwith a certified copy of this
order, then Court below shall consider the said application, and decide the same by a reasoned and speaking order within a period of one week thereafter. With the aforesaid direction, this application is finally disposed of.
Order Date :- 24.2.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad