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2025 DAILYLAW 103834 (ALL)

VIKASH v. STATE OF U.P. AND ANOTHER

NA528/39039/2025 · 2025-10-06

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39039 of 2025 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2. This application under Section 528 BNSS has been filed by the applicant to quash the impugned Order dated 06.08.2025 passed by court of Additional Sessions Judge Court no. 14, Prayagraj in Sessions Trial No. 730 of 2013 (State versus Vinod Kumar and others) arising out of Case Crime No. 475 of 2011, U/s 147/323/427/504/506/452/354 I.P.C. and 3(1)(X) of S.C./S.T. Act, Police Station Mauaima, District Allahabad. 3. Counsel for the applicant submits that applicant was on bail and in the present proceedings he could not appear before the trial court, therefore, non bailable warrant has been issued against him. Learned counsel for the applicant confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously. 4. Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period. Versus Counsel for Applicant(s) : Divendu Tripathi Counsel for Opposite Party(s) : G.A. Vikash .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. In view of the above, the relief as sought by the applicant in the instant application is refused. 6. However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within ten days from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922. 7. 7. For the period of ten days from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non- bailable warrant dated 06.08.2025 shall be kept in abeyance. 8. With the above observations and directions, this application under Section 528 BNSS is disposed of. October 7, 2025 Meenu Singh NA528 No. 39039 of 2025 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad