SADIK ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/6768/2025 · 2025-08-19
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158356 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158356 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48507 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6768 of 2025 Applicant :- Sadik Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ashish Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The instant application under section 482 Cr.P.C./528 of the B.N.S.S.,2023, has been filed with the prayer to quash the non bailable warrant dated 23-04-2025 as well as the order dated 06- 06-2025, thereby petitioner-accused's personal bond of Rs. 50,000/- has been forfeited, both impugned orders have been passed in Sessions Trial No. 116 of 2021 "State of U.P. Vs Sadik", passed by the court of Additional Sessions Judge, Room No. 1, District-Pratapgarh. It is contended by the learned counsel for the applicant that on 26-02-2024, the Presiding Officer was on leave and the applicant was present through his counsel and on further dates also, but, one of the date was missed for appearance and on the said date i.e. on 23-04-2025, the non bailable warrant is issued. He submits that the non presence of the applicant is not deliberate, but, that is due to unavoidable circumstances as is mentioned in paragraph no. 15 of the application. He also added that further on one of the date, the bail bond is also forfeited. He submits that the aforesaid order may be set aside and the applicant undertakes that he will remain present on each and every date fixed before the learned trial court and would never abscond.
Learned counsel for the State though has opposed the contentions abovesaid, but, he could not dispute the aforesaid facts. Considering the submissions of learned counsel for
the parties and after perusal of the record, particularly, the fact that the non bailable warrant or any proceeding is for procuring the presence of the accused before the learned trial court and as per the specific averment made in paragraph no. 16 of the application, it is apparent that on one date, the applicant has failed to appear and the non bailable warrant was issued against him. In the interest of justice, both orders under challenge, are kept in abeyance. The applicant is directed to remain present on the next date fixed by the learned trial court. It is provided that if the applicant would not remain present on the next date and thereafter, on the fixed date by the learned trial court, the trial court is at liberty to proceed in accordance with law against the applicant. The instant application is hereby disposed of, accordingly.
Order Date :- 19.8.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench