Neutral Citation No. - 2025:AHC-LKO:36568-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 5690 of 2025 Petitioner :- Sri Nivash Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. /Joint Secy. Prison Administration And Reform Ser. And 6 Others Counsel for Petitioner :- Amar Singh,Dheeraj Awasthi Counsel for Respondent :- G.A. Hon'ble Pankaj Bhatia,J. Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State respondent and perused the material available on record. 2. This petition has been filed by the petitioner challenging the order dated 28.02.2025, whereby the application of the petitioner for release under the Uttar Pradesh Prisoners' Release on Probation Act, 1938 has been rejected. The petitioner has also challenged the non- bailable warrant issued on 21.04.2025. 3. The contention of the counsel for the petitioner is that the petitioner was sentenced in Case Crime No. 191 of 2006 by means of the judgment dated 23.02.2015, against which, an appeal has also been preferred. It is argued that the petitioner has already served about 20 years in custody including the remission period and thus, was entitled to be granted the benefit of release under the Uttar Pradesh Prisoners' Release on Probation Act, 1938. It is further argued that however despite deciding the application of the petitioner, the respondents have not taken into consideration the guidelines of the Hon'ble Apex Court in the case of Rashidul Jafar Alias Chota Versus State of Uttar Pradesh and another, (2024) 6 Supreme Court Cases 561. Reliance is also placed upon a judgment of this Court dated 10.07.2024, whereby the Division Bench of this Court in Criminal Misc. Writ Petition No. 7043 of 2024 (Munna Versus State of U.P. and others) held that while considering the request for release under the Uttar Pradesh Prisoners' Release on Probation Act, 1938, it is also incumbent to consider the directions of the Hon'ble Apex Court in the case of Rashidul Jafar Alias Chota (Supra). 4. In the present case also, the impugned order does not appear to have given any consideration to the directions of the Hon'ble Apex Court in the case of Rashidul Jafar Alias Chota (Supra), thus on the said sole ground, the order dated 28.02.2025 cannot be sustained and is quashed. The matter is remanded to the respondent authorities to pass fresh order after taking into consideration the policy of the State Government dated 01.08.2018 as well as the provisions of Uttar Pradesh Prisoners' Release on Probation Act, 1938 and the directions of the Hon'ble Apex Court in the case of Rashidul Jafar Alias Chota (Supra) within a period of two months from today. 5. In view of the fact that the main order has been quashed, the order of issuance of non-bailable warrant dated 21.04.2025 also cannot be sustained and is also quashed. 6. The writ petition stands disposed of in terms of the above. (Kshitij Shailendra, J.) (Pankaj Bhatia, J.) Order Date :- 26.6.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench