CHANDRA SHEKHAR @ CHANDU PAL v. STATE OF U.P. THRU. PRIN. SECY. HOME CIVIL SECTT. LKO
A482/2553/2025 · 2025-04-01
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129743 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129743 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 14 Case :- APPLICATION U/S 482 No. - 2553 of 2025 Applicant :- Chandra Shekhar @ Chandu Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Jaikaran Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J.
1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The present application under Section 482 Cr.P.C./528 B.N.S.S. has been filed for the following main relief:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the N.B.W. dated 01-02-2018 as well as N.B.W. and 82 Cr.P.C. dated 05-03-2025 issued against the petitioner in Sessions Trial No. 79 of 2017, (State of U.P. VS Ranjeet Yadav and others) arising out of Case Crime No. 897 of 2016, U/S-2/3 of U.P. Gangster Act, Police Station-Mohanganj, District-Amethi, pending before Learned Special Jduge Gangster Court Raebareli, which is contained as Annexure No. 1 & 2 to this petition, in the interest of justice."
4. Learned counsel for the applicant has submitted that in the aforementioned case, the applicant was enlarged on bail by this Court vide order dated 08.02.2017, a copy of which has been annexed as Annexure no.4 to the paper book. The applicant was again arrested and sent to jail on 25.08.2017 in some other criminal case due to which he could not appear in the aforementioned case. The applicant was released on bail in some other criminal case in the month of September,2019 but he had no knowledge about the issuance of the bailable and non- bailable warrants in the aforementioned case due to which he could not appear before the court concerned and he came to know about the non- bailable warrants for the first time when the order of non-bailable warrant and to proceed under Section 82 Cr.P.C. was passed on 05.03.2025 and the same was pasted at the doors of the applicant. 5.
5. Learned A.G.A. has opposed the application and has
submitted that as per admitted case of the applicant that he had already enlarged on bail in the month of September, 2019 in some other criminal case and since then about four and a half years were passed but he could not appear in the aforementioned case and the court concerned has rightly issued non-bailable warrant and process under Section 82 Cr.P.C. against the applicant as such the present application is liable to be dismissed. 6. At this stage, learned counsel for the applicant has submitted that the applicant is ready to surrender before the court concerned by moving bail application and prayed that the court concerned may be directed to decide the bail application on the same day and undertakes that he will cooperate in the trial. 7. As such, the present application under Section 482 Cr.P.C. is dismissed with liberty to the applicant to move bail application before the court concerned. The court concerned may make endeavour to decide the bail application as early as possible in accordance with law. Order Date :- 1.4.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench