Mohd. Faiz Alam Khan,J.

1. The case is taken up through video conferencing.

2. Heard Sri Anil Kumar Akela, learned counsel for applicants, Sri Abhay Raj Singh, learned counsel for opposite party no.2 and Sri Rishikesh Verma, learned Additional Government Advocate for State.

3. Sri Abhay Raj Singh, learned counsel for opposite party no.2 fairly submits that he does not want to file any counter affidavit or objection.

4. The instant application was filed by applicant nos.1 to 6 with a prayer to quash the order dated 6.2.2021, passed by the trial court in Criminal Case No.723 of 2019, Crime No.228 of 2019, under Sections 147,323,504 and 506 I.P.C. P.S.Chinhat, District Lucknow.

5. It is vehemently submitted by learned counsel for applicants that opposite party no.2 had lodged an F.I.R. against the applicants Adnan Ahmad and 10 -12 unknown persons including a woman, however after investigation of the F.I.R, charge sheet has been filed by the Investigating Officer against applicants. The trial court has taken the cognizance of the offence and issued the process against applicants.

6. It is further submitted that applicant no.1- Adnan Ahmad, applicant no.4- Ranjeet Kumar, applicant no.5- Raj Verma and applicant no.6- Abhishek Raj had appeared before the trial court and obtained bail. However applicant no.2- Shristi Tripathi and applicant no.3- Kailash Singh Visht, have not appeared before the trial court and are yet to obtain the bail in the matter.

7. It is further submitted that the applicants who have been granted bail by the trial court were regularly appearing before the court, however on 6.2.2021, they could not appear before the trial court for the reason that they were threatened by the opposite party no.2 and her Advocate friends and were also assaulted.

8. It is vehemently submitted that the order dated 6.2.2021 whereby the non-bailable warrants issued against the applicants be quashed.

9. Sri Abhay Raj Singh, learned counsel for opposite party no.2 vehemently submits that the petition has been filed by the applicants by suppressing the truth and on frivolous and concocted facts. He further submits that this fact has been concealed by the applicants that applicant no.2- Shristi Tripathi and applicant no.3- Kailash Singh Visht have not obtained bail as yet and even the prayer has been made for quashing the order dated 6.2.2021 whereby the warrants have been issued against them also.

10. It is also submitted that this Court had earlier directed to submit a report with regard to the allegations of threatening and assaulting the applicants by opposite party no.2 and her Advocate friends, however the trial court in its report submitted to this Court has categorically denied the allegations of threatening or marpeet by opposite party no.2 or her friends and, therefore, the instant application is nothing but the abuse of the process of law and, therefore, the same dismissed.

11. Learned A.G.A. on the other hand submits that the allegations as contained in the petition are not admitted to the State as no application etc. has been given by the applicants for their protection before any public authority.

12. Having heard learned counsel for parties and having perused the record, it appears that after taking of the cognizance and issuance of the process by the trial court, all applicants except applicant no.2- Shristi Tripathi and applicant no.3- Kailash Singh Visht have obtained bail, as is also apparent from the report of the trial court dated 22.3.2021. It is also evident that the trial court in its report dated 22.3.2021 had categorically stated that no application of any kind or any oral averment had ever been made to the Presiding Officer of the court which may reflect that the applicants are being stopped from surrendering before the trial court or they were being denied access to the court. It is also apparent that none of the applicants was present before the court below on 6.2.2021 and, therefore, the trial court had issued non-bailable warrants against them.

13. Having regard to all the facts and circumstances of the case and the material which has been brought on record by the applicants, this petition is disposed of with following directions :

(i) Applicant no.1- Adnan Ahmad, applicant no.4- Ranjeet Kumar, applicant no.5- Raj Verma and applicant no.6- Abhishek Raj, who according to the communication made by the trial court have obtained bail shall appear before the trial court on the next date of listing (date fixed in the case) and move an application for cancellation of the warrants issued on 6.2.2021 and the trial court after providing an opportunity of being heard to the above applicants, namely Adnan Ahmad, Ranjeet Kumar, Raj Verma and Abhishek Raj, shall pass an appropriate order in accordance with law keeping in view that the instant proceedings had remained pending before this Court since 18.3.2021 and earlier above applicants were regularly appearing in the trial court.

(ii) Applicant nos.2 and 3, namely, Shristi Tripathi and Kailash Singh Visht, who have not obtained bail yet, may appear before the trial court on or before the date fixed and the trial court shall be under an obligation to dispose of their bail applications strictly in accordance with law.

(iii) The trial court shall also be under an obligation to provide conducive atmosphere to the parties in and around the court so that the parties may advance their causes without any fear.

14. A copy of this order be also sent to the trial court, immediately.