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2025 DAILYLAW 157414 (ALL)

KANIYA WALE @ RAM CHANDER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/6803/2025 · 2025-08-22

Shree Prakash Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49548 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6803 of 2025 Applicant :- Kaniya Wale @ Ram Chander Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anil Kumar Mishra 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. Instant application under Section 482 Cr.P.C./ 528 B.N.S.S. has been filed with the following relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned order dated 25.04.2025 along with other consequential orders passed by Learned Additional Session Judge First/Pocso Act, District-Lakhimpur Kheri by which Learned Court below has issued Non Bailable Warrant against the applicant in S.T. No. 127/2016 Case Crime No.412/2014 U/ Sec-363,366, 376 IPC & 3/4 Pocso Act. Police Station-Dhaurahra District- Kheri and prevent the abuse the process of Court in order to secure the end of justice." 3. It is further submitted that non-appearance before the court below is not deliberate but it had happened due to unavoidable circumstances. Learned counsel for the applicant submits that the applicant undertakes that he will not further jump the conditions of bail and will remain present on each and every date fixed by the court below. 4. Learned counsel further undertakes that the applicant will appear before the court below within a period of two weeks and apply for bail. 5. In view of the aforesaid submissions, for the period of two weeks, non bailable warrant issued against the applicant shall remain stayed. 6. However, if the applicant does not appear before the court below within the aforesaid period, this order shall stand revoked and no benefit of this order shall accrue to him. 7. The application is disposed off. Order Date :- 22.8.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench