KHURCHALI ALIAS KISHORE KUMAR v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER
/9936/2025 · 2025-11-28
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176105 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176105 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9936 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard learned counsel for the parties. 2. The present application has been filed for the following main relief(s):-
"WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to set aside the impugned Non Bailable Warrant dated 25.07.2023 issued by the Additional Chief Judicial Magistrate Bahraich in Criminal Case No.1297/2007(State versus Khurchali and others) Crime No.238/2006,U/S 363,366& 376 IPC,P.S.Huzurpur, District Bahraich contained as ANNEXURE NO.1 to this petition. It is further prayed that this Hon'ble court may kindly be pleased to set aside the entire proceedings of Criminal Case No.1297/2007(State versus Khurchali and others) arising out of Crime No.238/2006,U/S 363,366& 376 IPC, P.S.Huzurpur, District Bahraich pending in the court of Additional Chief Judicial Magistrate Bahraich."
3. Considering the facts and circumstances of the case and also the law laid down by the Hon'ble Apex Court in the case(s) of Inder Mohan Goswami and another vs. State of Uttranchal and others, (2007) 12 SCC 1; Sunil Tyagi vs. Govt. of NCT of Delhi and another, 2021 SCC OnLine Del 3597; Satender Kumar Antil versus 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, according to which, once the investigation is over and the charge-sheet is filed then the accused should be asked to appear before the court concerned and should furnish bail bonds to the satisfaction of the trial court, and also taking note of the statement of the counsel for the applicant that the applicant would appear before the court concerned, it is provided that if the applicant appears before the court concerned within four weeks from today and moves an appropriate application before the trial court including for recall of non-bailable warrant, the same shall be considered and decided by the trial court expeditiously strictly in Versus Counsel for Applicant(s) : Anuradha Singh Counsel for Opposite Party(s) : G.A. Khurchali Alias Kishore Kumar .....Applicant(s) State Of U.P. Thru. The Prin. Secy. Home Lko. And Another .....Opposite Party(s)
accordance with law. 4. For a period of four weeks, no coercive action shall be taken against the applicant so far as the proceedings in issue are concerned. 5.
In case, the applicant does not appear in terms of this order, coercive action shall be taken against him. 6. The present application is disposed of in above terms. November 28, 2025 Arun/- A482 No. 9936 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench