RAJESH PRATAP SINGH @ GUDDU v. STATE OF U.P. THRU. PRIN. SECY. OF HOME DEPTT. LKO.
/6300/2025 · 2025-08-04
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 155309 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 155309 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45179 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6300 of 2025 Applicant :- Rajesh Pratap Singh @ Guddu Opposite Party :- State Of U.P. Thru. Prin. Secy. Of Home Deptt. Lko. Counsel for Applicant :- Ujjwal Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present petition has been filed with a prayer to quash the judgment and order dated 18.11.2024 and 7.7.2025 passed by the learned Trial Court in Sc No. 1098 of 2021, Crime No. 41 of 2014 under Section 307 I.P.C. Police Station- Aaspur Deosara, District- Pratapgarh. 3. It is contended by the learned counsel for the applicant that the first information report has been lodged as case crime no. 41 of 2014 under Section 307 I.P.C.,Police Station- Aaspur Deosara, District- Pratapgarh. He argued that the applicant was kept on appearing on each and every date and there is no complaint with respect to non appearance of the applicant prior to 18.11.2024 and because the reason that the applicant could not note down the date properly, he could not appear on 18.11.2024 but the learned trial court without issuing bailable warrant has issued non bailable warrant against them. 4. He argued that the applicant was arrested in another case and he was in jail since 20.12.2024 to 2.6.2025 and therefore, he could not appear before the trial court further in the present case. He added that non appearance before the trial court is not deliberate but that happens because of the aforesaid circumstances. He also submits that the learned trial court on 7.7.2025 has passed order by which the bail bonds have also been forfeited. 5. Further contention of learned counsel for the applicant is that in fact non bailable warrant was issued because his non presence on one of the date because of unavoidable circumstances as stated above. He submits that the applicant is still ready and undertakes that he will appear on each and every date fixed before the trial court and he will always attend the
date without fail. Thus, submission is that the effect of non bailable warrant as well as order dated 7.7.2025 may be kept in abeyance. 6.
On the other hand learned counsel for the opposite party opposed the aforesaid contentions and submits that for non appearance before the learned trial court, non bailable warrant was issued and further bail bonds have rightly been forfeited. Thus, no interference is warranted. 7. Having heard learned counsel for the parties and perused the record, wherein it transpires that the applicant has specifically pleaded that he was kept on appearing prior to 18.11.2024 and because of the fact that he missed the date to be noted for 18.11.2024, he could not appear before the trial court. This Court also noticed that in another case, the applicant was in jail since 20.12.2024 to 2.6.2025 and the other reasons have also been explained in affidavit filed in support of the application and it seems to be a reasonable ground for interference in the order dated 7.7.20925. 8. Consequently, the order dated 18.11.2024 is hereby kept in abeyance. So far as order dated 7.7.2025 is concerned, the same is set aside and the matter is remitted back to the trial court concerned. 9. The applicant is directed to appear before the learned trial court on 18.8.2025 and on the further date fixed by the trial court and any deviation from the appearance before the learned trial court would give liberty to the learned trial court to take further course of action as per law. 10. This application is disposed of accordingly. Order Date :- 4.8.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench