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2025 DAILYLAW 18291 (ALL)

AJIT PAL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/5320/2025 · 2025-04-01

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:45770 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 5320 of 2025 Applicant :- Ajit Pal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shishir Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the NBW order dated 06.02.2023 and the proceedings initiated U/s 82 Cr.P.C. vide order dated 17.01.2025 as well as the further proceedings of Sessions Trail No.121 of 2013, arising out of Case Crime No.373/2011, under Sections 307, 411 IPC, Police Station-Sector-39 NOIDA, District- Gautam Budha Nagar, pending before the court of Additional District & Sessions Judge, Court No.3, Gautam Budha Nagar. Learned counsel for the applicants submits that earlier the applicants were enlarged on bail, however, they could not appear before the trial court on few dates due to the reasons as stated in Para 9 & 10 of the affidavit. Therefore, non-bailable warrants have been issued on 06.02.2023 as well as proceedings U/s 82 Cr.P.C. have been initiated on 17.01.2025. At the very outset, learned counsel for the applicant gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants further stated at the Bar that they are not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application/surrender application of the applicants expeditiously. He further submits that the applicants shall appear on every date fixed before the trial court and shall not seek any unnecessary adjournment. Learned A.G.A. for the State submits that in case the applicant is not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period. In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicant shall surrender before the concerned court below within three weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. The court concerned shall ensure that the applicants shall appear on every date fixed before the trial court and shall not seek any unnecessary adjournment. For the period of thee weeks from today or till the surrender application is decided, whichever is earlier, no coercive measure shall be taken against the applicant. In case the applicant(s) does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant(s) as required under the law. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 2.4.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad