RADHA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) BHAGWAN Din, J. This is an application under Section 482 Cr. P. C. , filed by Smt. Radha Devi for quashing the order dated 25-7-2002 passed by IVth Additional C. J. M. , Lucknow by which the personal bond of the applicant has been cancelled and non-bailable warrant was issued.

(2.) A charge-sheet against the present applicant and two others has been filed under Sections 498-A and 306 I. P. C. The learned Magistrate took cognizance of the case and issued bailable warrant against the applicant fixing 20-7-2001 for appearance. The applicant appeared in Court on 18-7-2001 and moved application for recalling the aforesaid order. The learned Magistrate recalled the said order on furnishing a personal bond of Rs. 50,000/- by the applicant for his appearance in his Court and the Court of Session. However, on 25-7-2001 the applicant could not attend the Court, therefore, the Magistrate directed issue of non-bailable warrant against the applicant.

(3.) THE learned Magistrate rejected the application for exempting the applicant from personal attendance only on the ground that she has not been enlarged on bail. In view of the above decisions of this Court and High Court of Rajasthan, I am of the view that the applicant was not required to apply for bail and pray for release on bail, insofar as she has already been released on bail on her furnishing personal bond with the undertaking to attend the Court/courts. THE impugned order deserves to be quashed.