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2025 DAILYLAW 187667 (ALL)

VANDANA BHOLA v. STATE OF U.P. AND ANOTHER

NA528/42145/2024 · 2025-01-08

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:5400 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 42145 of 2024 Applicant :- Vandana Bhola Opposite Party :- State of U.P. and Another Counsel for Applicant :- Archana Jha,Pragati,Shaili Ganguly Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. appearing for the State and perused the records. 2. It is submitted that initially, the present applicant was enlarged on bail, however, due to pitiable condition, she could not deposit the personal bond and sureties which led issuance of Non-Bailable Warrant against the her. It is next submitted that the proclamation under Sections 82 and 83 CrPC has also been issued against her. 3. The applicant has invoked the inherent jurisdiction of this Court under Section 528 of BNSS for quashing the order for proceeding under Section 82 CrPC dated 12.08.2024 as well as the order for proceeding under Section 83 CrPC dated 21.10.2024 passed by the court of learned J.M-II, Meerut and the entire proceeding of Complaint Case no.17443 of 2022 (State v. Vandana), under Sections 384, 506 of IPC, P.S.- Bhawanpur, District- Meerut. 4. After due deliberation at length, learned counsel for the applicant has chosen not to press the instant application on merits, however, she has submitted that the applicant is ready and willing to cooperate with the court below and participate in the court proceedings provided some interim protection may be granted to her. It is next submitted that the present applicant has never intended to ignore the court proceedings. 5. Learned A.G.A. has no objection if protection is granted to the present applicant to enable her to appear before the court below. 6. In this conspectus, as above, no useful purpose would be served to keep the instant application pending and the same is being decided without entering into the merits of the case with a direction that in case the present applicant appears/surrenders and moves bail application before the court below within a period of four weeks from today along with a certified copy of this order, the same shall be considered and decided by the court concerned having considered the dictum of the Hon'ble Supreme Court strictly in accordance with law, expeditiously, preferably within a period of four weeks, thereafter. 7. 7. For a period of eight weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicant in the aforesaid case. Order Date :- 9.1.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad