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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39199 of 2025 Court No. - 74 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicants, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2. This application under Section 528 B.N.S.S has been filed by the applicants to quash the non bailable warrant dated 31.05.2025 in Session Trial No.1334 of 2009 (State vs. Gulab Patel & others) arising out of Case Crime No.125 of 2002, under Section 147, 323, 504, 308 I.P.C. & Sections 3(1) 10 SC/ST Act, P.S. Handia, District Allahabad (Prayagraj), pending in the court of A.D.J., Court No.14, Prayagraj. 3. At the outset learned counsel for the applicants gave up his challenge to the aforesaid non-bailable warrant and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants 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 applicants expeditiously. 4. Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period. 5. In view of the above, the relief as sought by the applicants in the instant Versus Counsel for Applicant(s) : Rama Shankar Yadav, Shravan Kumar Yadav Counsel for Opposite Party(s) : G.A. Santosh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
application is refused. 6. However considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within three weeks from today and in case they apply for bail, the bail application of the applicants 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 three weeks from today or till the time of surrender of the applicants before the concerned Court below, whichever is earlier, non-bailable warrant dated 31.05.2025 shall be kept in abeyance. 8. With the above observations and directions, this application under Section 528 B.N.S.S. is disposed of. October 9, 2025 SKD NA528 No. 39199 of 2025 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad