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2025 DAILYLAW 23882 (ALL)

MEWALAL PATEL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6666/2025 · 2025-02-27

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28722 Court No. - 48 Case :- APPLICATION U/S 528 BNSS No. - 6666 of 2025 Applicant :- Mewalal Patel And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avanish Tiwari,Hridai Narayan Sharma Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Avanish Tiwari, learned counsel for the applicants and Sri Neelkanth Upadhyay, learned A.G.A. for the State-O.P.No.1. 2. The instant application under Section 482 Cr.P.C. has been filed praying for quashing the Non-Bailable Warrants dated 27-01-2025 and 31-01-2025 passed by learned A.C.J.M. Room No.6, Allahabad in Case No. 1100/2017 (State Vs. Giridhari Lal and Others). 3. After arguing for some time, the only prayer sought by the applicants' counsel is that as it is desired by the accused-applicants to obtain bail after surrendering in the court below, at least a protective direction may be issued to the concerned trial court to consider and decide the proposed bail applications of the applicants. 4. Per contra, learned A.G.A. vehemently opposes the present application and submits that since the applicants are not cooperating in the court proceedings, non-bailable warrants have been issued against them and as such, they deserve no leniency by this Court. 5. Having gone through the rival submissions of the learned counsel for the parties and on perusal of the record, I do not see any illegality, impropriety, or incorrectness in the impugned proceedings under challenge, and there is nothing else which may suggest that there is an abuse of the court's process. There is no good ground to interfere in the impugned proceedings of the above-mentioned case; therefore, the prayer for quashing the orders of Non-Bailable Warrants dated 27-01-2025 and 31-01- 2025 is refused. 6. However, on the request of learned counsel for the applicants that they want to surrender in the court below and apply for bail, it is directed that in case the applicants surrender within two weeks and apply for bail by moving appropriate bail applications, the same shall be considered and decided by the concerned trial court purely on its own merits. 7. With the aforesaid observations, this application is finally disposed of. Order Date :- 28.2.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad