NEERAJ PANDEY (IN COMPLAINT NEERAJ TIWARI) v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND ANOTHER
NA528/1142/2025 · 2025-09-03
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162175 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162175 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1142 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as perused the record. 2. The present application has been filed by the applicant for the following main relief:-
"For the facts reasons and circumstances stated in the accompanying affidavit, in support of this petition, it is most respectfully prayed that this Hon'ble court may kindly be pleased to set aside the impugned order dated 05.05.2025, passed by the Presiding Officer, Additional Court, Court Room No.6, Lucknow in Complaint Case No. 124665/2024; Hariram Agrawal Versus Neeraj Tiwari and others, to the extent it relates to the petitioner, whereby petitioner has been summoned to face trial for the offence under section 138 N.I. Act and further to set aside the order dated 24.07.2025 whereby the learned trial court has issued Bailable Warrant of 25,000/- against the petitioner including further proceeding pursuance thereof arising out of the said complaint case. It is further most respectfully prayed that this Hon'ble court may kindly be pleased to stay the proceeding of Complaint Case No. 124665/2024; Hariram Agrawal Versus Neeraj Tiwari and others, to the extent it relates to the petitioner pending before the learned Presiding Officer, Additional Court, Court Room No.6, Lucknow pending disposal of the present petition."
3. After arguing the matter at some length, learned counsel for the applicant has submitted that liberty may be given to the applicant to file bail application before the trial court which may be directed to be decided in view of law laid down by the Hon'ble Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116. Versus Counsel for Applicant(s) : Anumesh Mishra, Awadhesh Kumar Tiwari, Mandeep Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Neeraj Pandey (In Complaint Neeraj Tiwari) .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
4. Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant. 5.
Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant applies for bail before the court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. September 3, 2025 Anand/- NA528 No. 1142 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench