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2025 DAILYLAW 25226 (ALL)

UDAYVEER v. STATE OF U.P. AND ANOTHER

NA528/7792/2025 · 2025-03-09

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34430 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7792 of 2025 Applicant :- Udayveer Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Ji Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Lal Ji Pandey, learned counsel for the applicant and Sri Rahul Pandey, learned brief holder for the State are present. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 10.2.2025 passed by Additional Chief Judicial Magistrate, Court No. 1, Ghaziabad in criminal case no. 4743 of 2003 (State Vs. Vijay and others) arising out of case crime No. 145 of 1996, under Sections 323, 504, 506, I.P.C., Police Station Loni, District Ghaziabad, whereby Non Bailable Warrant 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 during trial and at the time of 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, execution of non bailable warrant against applicant shall be kept in abeyance. Order Date :- 10.3.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad