Allahabad High Court

Rupesh Kumar Gaur @ Rupesh Kumar v. State of U.P. thru. Prin. Secy. Home Lko. & Anr.

A482/4656/2026

Decision date
2026-05-29
Text availability
Full text
Judges
Shree Prakash Singh

Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗

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Judgment text

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 4656 of 2026 Rupesh Kumar Gaur @ Rupesh Kumar .....Applicant(s) Versus State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Pradyumn Shukla Counsel for Opposite Party(s) : G.A. Court No. - 16 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the applicant,learned A.G.A. for the State-opposite parties and perused the record. The instant application has been filed by the applicant with the prayer to quash the impugned non bailable warrant dated 30-03-2026 passed by the learned Judicial Magistrate Safipur, District-Unnao in Case No. 483 of 2022, State Vs Rupesh Kumar Gaur, arising out of Case Crime No. 1696/2011, under sections 279,338,427,304-A of I.P.C., Police Station-Safipur, District-Unnao. Learned counsel for the applicant submits that the present applicant due to unavoidable circumstances could not appear before the court and thereafter, Non Bailable Warrant was issued against the applicant on 30-03-2026, which is also under challenge in this application. On the other hand, learned A.G.A. appearing for the State has vehemently opposed the contention aforesaid and submits that the applicant is using the delay-dallying tactics in the matter and as such, the applicant is not entitled for any relief.

In rejoinder, learned counsel for the applicant submits that the interest of justice would be sub-served if the present applicant is permitted to surrender before the court concerned and may file bail application and the same may be directed to be considered within the stipulated period of time as may be fixed by this court. Learned counsel further undertakes that the applicant will appear before the trial court within a period of two weeks and will apply for bail. The counsel appearing for the State has no objection to the contentions abovesaid. In view of the aforesaid submissions, the applicant is at liberty to apply bail application within 15 days from today and if such application is filed, the same shall be decided expeditiously. A482 No. 4656 of 2026 2 For the period of fifteen days, only the non-bailable warrant issued against the applicant shall remain stayed. However, if the applicant does not appear before the trial court within the aforesaid period and does not cooperate with the trial proceedings, this order shall stand revoked and no benefit of this order shall accrue to him. The application is disposed of. (Shree Prakash Singh,J.) May 29, 2026 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench