Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 189420 (ALL)

UMESH DUBEY AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/39919/2025 · 2025-10-14

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39919 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants and learned AGA for the State. The present application under Section 482 Cr.P.C. has been filed by the applicants with a prayer to allow this application and to quash the non- bailable warrant dated 19.09.2025 as well as other consequential orders issued against the applicants in Complaint Case No. 50610 of 2023 under Sections 323, 504, 506, 379 IPC, Police Station Gagaha, District Gorakhpur, pending in the Court of Additional Civil Judge (J.D.), Court No. 6, Gorakhpur. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required. Accordingly, prayer of the applicants is refused. However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants apply for bail before the concerned court within four weeks from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in Versus Counsel for Applicant(s) : Anil Kumar Mishra Counsel for Opposite Party(s) : G.A. Umesh Dubey And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive measures shall be taken against the applicants. With the above observations, this application under Section 482 Cr.P.C. is disposed of. October 15, 2025 Puspendra NA528 No. 39919 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad