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2025 DAILYLAW 161275 (ALL)

INDRESH KIRAULA AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

A482/7189/2025 · 2025-09-02

Ajay Bhanot

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7189 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. Shri Nishant Srivastava, learned counsel for the applicants contends that the applicants are law abiding citizens who had always joined the trial proceedings on all dates fixed by the learned trial court. The applicants were granted bail by this Court on various dates prior to submission of the chargesheet. A communication gap occurred between the applicants and their counsel during the Corona period, due to which the applicants were not informed about the dates in the trial and could not appear on the appointed dates resulting in the non bailable warrants. The absence of the applicants in the trial proceedings was due to bonafide reasons and for facts and circumstances beyond their control. The applicants being law abiding citizens undertake to appear before the trial court on the dates fixed henceforth. In wake of the aforesaid submissions the Non Bailable Warrants dated 09.09.2021 and the order dated 31.05.2025 passed by the Chief Judicial Magistrate, Custom, Lucknow in Case No. 81 of 2002 (State Vs. Shriram Yadav and others) arising out of Case Crime No. 190 of 2001 under Section 420, 467, 468, 471, 120B Versus Counsel for Applicant(s) : Nishant Srivastava, Vivek Kumar Singh Counsel for Opposite Party(s) : G.A. Indresh Kiraula And 2 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) I.P.C. Police Station Ghazipur, District Lucknow and proclamation under Section 82 Cr.P.C. are liable to be quashed and are quashed. Further in the interest of justice the following directions are being issued: I. The applicants are directed to appear before the learned trial court within a period of one month and thereafter ensure that they shall regularly appear before the trial court on appointed dates (unless exempted by the learned trial court). II. In the event of breach of the aforesaid undertaking or failure of the applicants to appear before the learned trial court within one month and on all dates fixed thereafter (subject to exemption being granted by the trial court), the learned trial court shall immediately record a finding to this effect and proceed against the applicants in accordance with law and take out coercive measures if required. With the aforesaid direction the Application U/S 482 is allowed. September 2, 2025 Dhananjai A482 No. 7189 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad, Lucknow Bench