KALP NATH AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/4592/2025 · 2025-03-10
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16680 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16680 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:35883 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4592 of 2025 Applicant :- Kalp Nath And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Maurya,Kamala Shanker Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Dinesh Kumar Maurya, learned counsel for the applicant and Sri B.S. Kushwaha, learned AGA for the State.
2. This application U/s 528 of BNSS has been filed against the NBW order dated 21.01.2017 as well as 03.01.2025 in Case No. 1953 of 2010, Computerized Case No. UPJP4086722012 (State Vs. Kalp Nath and others), arising out of Case Crime No. 703 of 2010, under Sections 323, 504, 506, 427 IPC, P.S. Buxa, District Jaunpur, pending in the Court of Additional Civil Judge (S.D.)-II, Jaunpur.
3. Learned counsel for the applicant submits that the applicant No. 1 is paralytic and the applicant No. 2 is his son. However, due to his prolonged illness, he could not appear before the Court. He further submits that the interim protection be accorded to the applicant.
4. Learned AGA has invited the attention of the Court towards page 38 of the paper book which happens to be the order sheet of the proceedings wherein on 21.01.2017 NBW warrants had issued and they are continuing on 03.01.2025 NBW was again issued fixing 16.03.2025 as the date. In the opinion of the Court, once for a period for more than 7 years NBW have been issued when it is highly improbable and inconceivable that the applicant could not prefer any application before the court below in the meantime showing his problems. Further at this stage, this Court is not required to come to the rescue of the applicant.
5. Accordingly the application is rejected.
6. At this stage, learned counsel for the applicant submits that he shall surrender before the court below.
7. Learned counsel for the applicants seeks direction for
consideration of his bail application 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
8. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay.
Order Date :- 11.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad