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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37534 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J.
1. Sri Kumar Dhananjay, (AOR No.A/K 0378/2012) holding brief of Sri Shashank Tripathi, learned counsel for the applicant on instructions received from his client submits that though the application u/s 528 BNSS has been preferred by the applicant for quashing the entire proceedings against the applicant in the Complaint Case No. 3701 of 2021, 'Dheerendra Kumar Vs. Abhijeet Singh', U/s 138 of N. I. Act, Police Station-Jhunsi, District-Prayagraj, including the order dated 01.06.2022 by which the applicant has been summoned, as well as the order dated 08.01.2025 by which the learned trial court has issued the 'Non-bailable warrant', along with the subsequent orders by which the Non- bailable warrant has been continued, against the applicant, to secure the ends of justice, however, he confines his relief only to the extent of enlargement of bail before the court below particularly in view of the fact that the account from where the cheque is supposed to have been drawn and has been dishonoured does not pertain to the applicant and further there is no legal debt or liability. He submits that the applicant would apprise for bail but till the application for bail is considered protection be accorded. 2. Learned A. G.A. has no objection to the same. 3. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of granting liberty to the applicant to prefer appropriate proceedings/ application before the court below by 17.10.2025, the same shall be considered with most expeditions Versus Counsel for Applicant(s) : Mohit Singh, Shashank Tripathi Counsel for Opposite Party(s) : G.A. Abhijeet Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail. 4. Till disposal of the application, no coercive action shall be taken against the applicant with respect to the further proceeding of Complaint Case No. 3701 of 2021, 'Dheerendra Kumar Vs. Abhijeet Singh', U/s 138 of N. I. Act, Police Station-Jhunsi, District-Prayagraj pending before learned Addl. Chief Judicial Magistrate, Court No.-5, District-Allahabad. 5.
The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. September 25, 2025 piyush NA528 No. 37534 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad