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SAURABH LAVANIA
Ajeet Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Saurabh Lavania, J.
Heard Dr. L.P. Mishra, learned Senior Member of the Bar assisted by Sri. Rajeiu Kumar Tripathi, Advocate alongwith Sri. Shashi Kant Dixit, learned counsel for the applicants, learned AGA for the State of U.P. and Sri. Pawan Kumar Mishra, Advocate, who has filed Vakalatnama on behalf of the opposite party No. 2 in the Court today, which is taken on record.
2. The main relief sought in Application under Section 482 No. 6473 of 2024 is quoted hereunder:-
3. The main relief sought in Application under Section 482 No. 6472 of 2024 is quoted hereunder:-
Non-bailable warrants should only be issued after careful consideration of personal liberty and societal interests, avoiding them unless absolutely necessary.
Non-bailable warrants cannot be issued in a routine manner and must be supported by specific reasons to protect individual liberties under Articles 21 and 22 of the Constitution.
Non-bailable warrants should not be issued routinely and must be justified with specific reasons, emphasizing the balance between individual rights and public interest.
Issuance of Non-Bailable Warrants requires specific justifications and must not occur routinely; individual liberty should be prioritized unless necessitated by compelling circumstances.
Non-bailable warrants cannot be issued routinely; courts must provide adequate reasoning and evidence to justify such action, ensuring individual liberty is not curtailed without necessity.
Non-bailable warrants cannot be issued in a routine manner; courts must ensure specific, reasoned justification for their necessity to protect individual liberties.
Non-bailable warrants must not be issued routinely and require specific judicial justification to protect individual liberties as mandated by Article 21.
Before issuing Non-Bailable Warrant due care and precaution is warranted for Trial Court and Non-Bailable Warrant should not be issued in a cursory manner.
Non-bailable warrants should not be issued mechanically; courts must exercise careful scrutiny and ensure that sufficient grounds exist for their issuance to protect personal liberty.
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