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2025 DAILYLAW 16802 (ALL)

KAPIL CHAUHAN v. STATE OF U.P. AND ANOTHER

NA528/4204/2025 · 2025-05-13

Raj Beer Singh

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:78986 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 4204 of 2025 Applicant :- Kapil Chauhan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Narendra Singh,Rahul Kumar,Sarwar Ali Siddique Counsel for Opposite Party :- Brijesh Kumar,G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, Sri Rakesh Kumar Singh, Advocate, holding brief of Sri Brijesh Kumar, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record. 2. This application under Section - 528 B.N.S.S. has been preferred against order dated 08.01.2025, passed by the Chief Judicial Magistrate, Baghpat in Computer Case No. 1411 of 2023 (Smt. Shakshi Vs. Kapil Chauhan), under Section - 406 I.P.C., Police Station - Baghpat, District - Baghpat, whereby non-bailable warrants have been issued against applicant. 3. Learned counsel for the applicant submitted that applicant is facing several cases lodged by the opposite party no.2 and that due to some unavoidable circumstances applicant could not appear in the impugned case before the Trial court on 08.01.2025 and the Trial court has issued non-bailable warrants against him. It was submitted that applicant is willing to appear before the Trial court concerned and protection may be granted to the applicant till then. 4. Learned counsel for the opposite party no.2 has opposed the application. 4. In view of aforesaid, it is directed that in case applicants appears / surrenders before the Trial court concerned within a period of two weeks from today and applies for cancellation of non-bailable warrants / for bail, his application shall be considered and decided expeditiously in accordance with law. For a period of two weeks from today or till the applicant appears before the Trial court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 5. The application under Section - 528 B.N.S.S. is finally disposed of. Order Date :- 14.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad