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2025 DAILYLAW 166083 (ALL)

RAJ DEV v. STATE OF U.P. THRU. PRIN. SECY. HOME CRIME AND INVESTIGATION DEPTT. LKO. AND ANOTHER

A482/8039/2025 · 2025-09-19

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8039 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. The matter is being decided at admission stage, thus, notice to the opposite party no. 2 is dispensed with. 2. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 3. Instant application has been filed with a prayer to set aside Non Bailable Warrant dated 25/02/2022 issued by learned Additional Session Judge, Court No. 1, Pratapgarh, passed in Session Trial No. 210/2017 arising out of case crime No. 276/2014, under sections-147/323/504/506/324/325/308 of I.P.C. registered at Police station- Patti, District Pratapgarh, in case of State Versus Baldev and others. 4. It is argued by learned counsel appearing for the applicant that the applicant was released on bail in year 2016 and thereafter, he was again sent to jail in another matter on 13.07.2022 and thereafter, he was again released on bail on 17.07.2024, but in the meantime, on 25.02.2022, a non-bailable- warrant was issued against the applicant. He submits that since the applicant was in jail, therefore, he could not appear before the trial court. He submits that the applicant is always ready to appear before the trial court and he undertakes that he will always remain present on each and every date fixed and will never abscond from the trial proceedings. 5. Learned A.G.A. appearing for the State has controverted the aforesaid contentions. Versus Counsel for Applicant(s) : Sheo Prakash Singh Counsel for Opposite Party(s) : G.A. Raj Dev .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Crime And Investigation Deptt. Lko. And Another .....Opposite Party(s) 6. Considering the submissions of counsel for the parties particularly the fact that the applicant was sent to jail on 13.07.2022 and was released on bail on 17.07.2024 and he undertakes that he will remain present on each and every date fixed before the trial court and cooperate with the trial proceedings. The non-bailable warrant dated 25.02.2022 is hereby kept in abeyance. 8. The applicant is directed to appear before the trial court on the next date fixed and he will keep on appearing before the trial court on each and every date fixed and he will not remain absent on any date, without application in writing, with cogent reasons, failing which, the trial court is at liberty to proceed in accordance with law. 9. With the aforesaid observation, the instant application is disposed of. September 19, 2025 Mayank A482 No. 8039 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench