Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 189434 (ALL)

ANWAR SHAHJAD v. STATE OF U.P. AND ANOTHER

NA528/3332/2025 · 2025-02-06

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:19308 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 3332 of 2025 Applicant :- Anwar Shahjad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard Shri Upendra Upadhyay, learned counsel for the applicant, and Shri J.K. Upadhyay, learned A.G.A. for the State. 2. The present application under Section 528 of BNSS has been filed with a prayer to direct the learned trial Court to accept the fresh bail bonds of the applicant upon his surrender before the trial Court in relation to the additional Sections 120B and 386 I.P.C., in Criminal Case No. 4335 of 2024, titled State v. Atif Raza @ Sarjil Raja and Others, arising out of Case Crime No. 272 of 2021, under Sections 419, 420, 467, 468, 471, 120B, 386 I.P.C. and Section 3/4 of the Prevention of Damage to Public Property Act, P.S. Nandganj, District Ghazipur. 3. Learned counsel for the applicant submits that the applicant was granted bail by the First Additional Sessions Judge, Ghazipur, on 28.09.2022, in Bail Application No. 2302 of 2022 in Case Crime No. 272 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C. and Section 3/4 of the Prevention of Damage to Public Property Act, P.S. Nandganj, District Ghazipur. Subsequent to the grant of bail, during the pendency of the investigation, two additional Sections, 386 and 120B I.P.C., were added to the case. As a result, the applicant apprehends being sent to judicial custody due to the addition of these new Sections. 4. Shri J.K. Upadhyay, learned A.G.A. strongly oppose the prayer and states that ten years of imprisonment may be awarded to the applicant, if the charges are proved. 5. In view of the facts and circumstances of the case, it is directed that if the applicant files an appropriate application before the trial Court seeking bail concerning the newly added Sections, the trial Court shall expeditiously consider and decide the application in accordance with the law. For a period of 15 days or till the applicant moves such an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicant. 6. The application is disposed of accordingly. Order Date :- 7.2.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad