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2025 DAILYLAW 121728 (ALL)

LALENDRA CHAUDHARY @ LALENDRA KUMAR v. STATE OF U.P. GOVT. THRU. ITS SECY. U.P. CIVIL SECTT. LKO. AND ANOTHER

A482/1046/2025 · 2025-02-05

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7496 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1046 of 2025 Applicant :- Lalendra Chaudhary @ Lalendra Kumar Opposite Party :- State Of U.P. Govt. Thru. Its Secy. U.P. Civil Sectt. Lko. And Another Counsel for Applicant :- Hari Krishna Srivastava,Surendra Kumar Tripathi,Sweta Swarankar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1. In view of the proposed order being passed, notice to respondent No.2 is dispensed with. 2. Heard learned counsel for the applicant and learned A.G.A. for the State-respondent. 3. By this petition, the petitioner has prayed for the following relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to invoke its inherent powers U/s-482 Cr.P.C. (Now Section-528 of B.N.S.S. 2023) and Recall the N.B.W. dated-30.04.2024 to 11.12.2024 and the sureties dated-11.12.2024 passed by Learned Additional Court No. 7 Lucknow in impugned Complaint Case No. 29064/2022, "United Pesticide Versus Lalendra Chaudhary", Under Section- 138 N.I. Act Police Station-Ashiyana, District-Lucknow (contained as Annexure No. 1 to this petition), and also matter send before Mediation Center." 4. A perusal of the impugned order dated 19.03.2025 as well as the order-sheet shows that on the earlier occasions also the NBWs were issued against the accused applicant. It is clearly evident that applicant is not cooperating in the trial and was misusing the terms of bail thus, the bail of the applicant was cancelled and bonds were also cancelled. Thereafter, the sureties were issued notices and again non-bailable warrants have been issued against the accused applicant. 5. In view of aforesaid discussion, there appears to be no illegality in the order impugned. The petition being devoid of merits and is accordingly dismissed. 6. At this stage, learned counsel for the applicant submits that he may be permitted to surrender before the trial court and apply for bail. 7. Accordingly, the learned trial court is directed to decide the bail application of the applicant expeditiously in case applicant surrender himself before the court and apply for bail. Order Date :- 5.2.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench