ASHOK KUMAR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/6631/2025 · 2025-09-03
Ajay Bhanot
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157630 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157630 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 6631 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. Ms. Surabhi Rawat, learned counsel holding brief of Ms. Aparajita Bansal, learned counsel for the opposite party No.3- Madhyanchal Vidhut Vitran Nigam Limited submits that the payment of the compounding amount. The payment of compounding amount was a precondition imposed by the learned trial court while granting interim bail to the applicants by order dated 20.05.2025. Admittedly, the applicants have failed to deposit the aforesaid amount. Faced with this, Shri Jitendra Kumar Singh, learned counsel for the applicants submits that the applicants are poor farmers and hence the default happened. However, it is submitted that the applicants undertake to deposit the compounding amount to the extent of Rs.15,000/- within a period of four weeks. The proof of deposit shall be submitted by the applicants before the learned trial court within the aforesaid period of four weeks. For a period of four weeks, the impugned non-bailable warrant dated 13.06.2025 passed by the learned Additional District and Sessions Judge, IVth District-Hardoi in Case No.410 of 2024 (State of U.P. v. Ashok Kumar and another) arising out of Versus Counsel for Applicant(s) : Jitendra Kumar Singh, O.P. Tiwari, Pallavi Vatsala Counsel for Opposite Party(s) : G.A. Ashok Kumar And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
F.I.R./Case Crime No.195 of 2021 under Section 135 of the Electricity Act, Police Station-Anti Theft Hardoi, District- Hardoi and entire proceedings of Case No.410/2024 (State of U.P. v. Ashok Kumar and another) arising out of F.I.R./Case Crime No.195 of 2021 under Section 135 of the Electricity Act, Police Station-Anti Theft Hardoi, District-Hardoi, pending in the court of learned Additional District and Session Judge, IVth, District-Hardoi as well as impugned charge-sheet No.38 of 2024 dated 13.01.2024, shall remain stayed. In case the aforesaid amount is deposited and an application in that regard alongwith supporting evidence is made before the learned trial court, the learned trial court shall recall the non- bailable warrant. However, it is provided that in case the affidavit alongwith receipt of deposit of compounding amount is not made before the learned trial court in the period stipulated above, the interim protection granted shall stand vacated without recourse to this Court.
The learned trial court shall thereafter record a finding to this effect and promptly proceed in accordance with law against the applicants. With the aforesaid directions, the application under Section 482 Cr.P.C. is disposed of. September 3, 2025 Ashish Tripathi A482 No. 6631 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench