Annu @ Anil Kumar vs. State Of U.P. And Anr
Held
The Court held that at this stage, it could not be said that no offence was disclosed against the applicant. The issuance of NBWs on January 28, 2017, and September 28, 2019, was a consequence of the applicant's non-appearance before the trial court. The Court found no illegality in the order issuing the NBWs. Therefore, the prayer to quash the NBWs was refused. However, considering the applicant's submissions, the Court provided a direction: if the applicant appears and surrenders before the concerned court within 30 days from the date of the order and applies for bail, his bail application shall be considered and decided expeditiously in accordance with law. For a period of 30 days or until the disposal of the bail application, whichever is earlier, no coercive action would be taken against the applicant. If the applicant fails to appear within the stipulated period, coercive action would be initiated.
Facts
The applicant, Annu @ Anil Kumar, filed an application under Section 482 of the Cr.P.C. seeking to quash Non-Bailable Warrants (NBWs) dated January 28, 2017, and September 28, 2019. These NBWs were issued by the Additional Sessions Judge, Court No. 4, Aligarh, in GST No. 21 of 2015, a case under Section 2/3 of the Gangster Act, Police Station Akrabad, District Aligarh, arising from Case Crime No. 198 of 2014. The applicant contended that his non-appearance before the trial court on January 28, 2017, leading to the issuance of the NBW, was bona fide and not intentional. The State was the opposite party.
Key Issues
1. Whether the Non-Bailable Warrants dated January 28, 2017, and September 28, 2019, issued against the applicant in GST No. 21 of 2015, under Section 2/3 of the Gangster Act, are liable to be quashed. Contentions of the Applicant: The applicant argued that he was falsely implicated in the case and that his absence from court on January 28, 2017, which led to the issuance of the NBW, was unintentional and bona fide. Contentions of the Opposite Party (State): The State did not explicitly record arguments in the judgment. However, the court's observation implies that the State's position, as reflected in the trial court's order, was that the NBWs were issued due to the applicant's non-appearance.
Sections Cited
Section 482
AI-generated summary — verify with the full judgment below
Court No. - 78 Case :- APPLICATION U/S 482 No. - 44884 of 2019 Applicant :- Annu @ Anil Kumar Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the NBW dated 28.1.2017 and 28.9.2019, passed by the Learned Additional Sessions Judge, Court No.4, Aligarh in GST No.21 of 2015 (State Vs. Rohit @ Bhura and others) under Section 2/3 Gangster Act, Police Station- Akrabad, District- Aligarh arising out of Case Crime No.198 of 2014 pending in the court of Additional Sessions Judge, Court-4, Aligarh.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case. During the trial of the case he could not appear before the court below on 28.1.2017 and NBW has been issued against him. His non appearance was bona fide and not intentional.
From the perusal of the material on record at this stage it cannot be said that no offence is disclosed against the applicant. Due to non appearanc
The judgment continues below.
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