Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:30089 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6926 of 2025 Applicant :- Rakesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.K Singh Gaharwar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri R.K Singh Gaharwar, learned counsel for the applicant and Sri Tej Bhan Singh, learned A.G.A. for the State are present. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the orders dated 16.10.2020, 14.12.2022 and 17.1.2025 passed by Judicial Magistrate, Khair, Aligarh in criminal case no. 3137 of 2005 (State Vs. Dharmveer and others) arising out of case crime No. 372 of 2004, under Section 392, I.P.C., Police Station Khair, District Aligarh, whereby Non Bailable Warrant and proceedings under Sections 82 and 83, Cr.P.C. has been issued against the applicant.
Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard. It is further submitted that the applicant was on bail earlier to issuing of Non-Bailable Warrant. Learned A.G.A. has opposed the application. Considering submissions of learned counsel and perusing record, the instant application u/s 482 Cr.P.C. is finally disposed of with a direction that in case applicant appears before the court below within three weeks from today and applies for bail/recall of non bailable warrant, his application shall be shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941. For a period of three weeks from today or till applicant appears
before the court below, whichever is earlier, effect and operation of orders dated 16.10.2020, 14.12.2022 and 17.1.2025 passed by Judicial Magistrate, Khair, Aligarh against applicant shall be kept in abeyance.
Order Date :- 4.3.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad