RAM MANOHAR @ RAM MANOHAR MAURYA AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
/10338/2025 · 2025-12-08
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 184087 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184087 (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. - 10338 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 humble prayed that this Hon'ble Court may kindly be pleased to quashing the order dated- 10.10.2025 arising out in N.C.R. No. 143/2008, Under Section- 323, 504 I.P.C., Police Station- Wazirganj, District- Gonda (State Versus Ram Manohar & others), passed by Village Court, Tahsil- Tarabganj, District- Gonda by which the court issued Non- bail able Warrant against the applicants in the interest of justice. It is further prayed that the further proceeding in pursuance to the order dated- 10.10.2025 arising out in N.C.R. No. 143/2008, Under Section- 323, 504 I.P.C., Police Station- Wazirganj, District- Gonda (State Versus Ram Manohar & others), passed by Village Court, Tahsil- Tarabganj, District- Gonda by which the court issued Non-bail able warrant against the applicants., may be stayed during the pendency of this application Under Section- 528 BNSS (Old-482 Cr.P.C.) before this Hon'ble Court."
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 applicants that the applicants would appear before the court concerned, it is provided that if the applicants appear before the court concerned within Versus Counsel for Applicant(s) : Pankaj Kumar Singh Counsel for Opposite Party(s) : G.A. Ram Manohar @ Ram Manohar Maurya And Another .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko.
Its Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
four weeks from today and move 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 accordance with law. 4. For a period of four weeks, no coercive action shall be taken against the applicants so far as the proceedings in issue are concerned. 5. In case, the applicants do not appear in terms of this order, coercive action shall be taken against them. 6. The present application is disposed of in above terms. December 8, 2025 Arun/- A482 No. 10338 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench