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2025 DAILYLAW 198425 (ALL)

VIKASH KUMAR RAI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

/1944/2025 · 2025-12-08

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1944 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):- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to exercise its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023), and kindly set aside/quash the order dated 03.10.2025 issuing Non-Bailable Warrant against the applicant along with all consequential proceedings arising therefrom, passed by the Learned Court of Judicial Magistrate-III, Lucknow, in Case Crime No. 123 of 2025, titled State of U.P. vs. Ranjan Kumar, under Sections 205, 338, 336(2), 340(2), 3(5), 318(2) of B.N.S. 2023 (corresponding to Sections 171, 467, 465, 471, 34, 417 I.P.C.) & Section 7/25 Arms Act, Police Station- Alambagh, District-Lucknow, in the interest of justice. It is further prayed that pending final disposal of the present Application under Section 482 Cr.P.C. read with Section 528 BNSS, this Hon'ble Court may kindly be pleased to stay the effect and operation of the impugned order dated 03.10.2025, issuing Non-Bailable Warrant against the applicant, along with all consequential proceedings arising therefrom, and may also be pleased to stay all coercive measures and further proceedings of the Case Crime No. 123 of 2025, titled State of U.P. Vs. Ranjan Kumar, Under Sections 205, 338, 336(2), 340(2), 3(5), 318(2) of B.N.S. 2023 (corresponding to Sections 171, 467, 465, 471, 34, 417 I.P.C.) & Section 7/25 Arms Act, P.S. Alambagh, District- Lucknow, in so far as the applicant is concerned, in the interest of justice." 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 Versus Counsel for Applicant(s) : Prabhat Kumar Mishra, R.B.S. Rathaur, Shobhit Harsh Counsel for Opposite Party(s) : G.A. Vikash Kumar Rai .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s) 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 applicant that the applicant would appear before the court concerned, it is provided that if the applicant appears before the court concerned within four weeks from today and moves 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 applicant so far as the proceedings in issue are concerned. 5. In case, the applicant does not appear in terms of this order, coercive action shall be taken against him. 6. The present application is disposed of in above terms. December 8, 2025 Arun/- NA528 No. 1944 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench