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2025 DAILYLAW 32409 (ALL)

SUNIL KUMAR v. STATE OF U.P. AND ANOTHER

NA528/9913/2025 · 2025-04-02

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47022 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 9913 of 2025 Applicant :- Sunil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Sunil Kumar, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Sunil Kumar, who is a charge sheeted accused and facing trial before court below, has approached this Court by means of present application under Section 528 BNSS with the following prayer: It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and to quash the Non Bailable Warrant Dated 20.11.2024 passed by Additional Session Judge/FTC I Kanpur Dehat in S.C. No. 483/2020 (State Vs. Bablu @ Sanjay) arising out of case crime No.262/2017 under section 302, 201, 120B I.P.C. at Police Station Shivrajpur, district Kanpur Dehat. It is further prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of the Non Bailable Warrant Dated 20.11.2024 passed by Additional Session Judge/FTC -I Kanpur Dehat in S.C. No. 483/2020 (State Vs. Bablu @ Sanjay) arising out of case crime No.262/2017 under section 302, 201, 120B I.P.C. at Police Station Shivrajpur, district Kanpur Dehat, during the pendency of the present criminal misc. application under section 528 B.N.S.S., 2023. before this Hon'ble Court. And/or pass such other and further orders which this Hon'ble Court may deem fit and proper in the fact and circumstances of the case, Applicant otherwise irreparable loss and injury." 4. At the very outset, the learned A.G.A. contends that from the perusal of order sheet, it is apparent that applicant is habitual defaulter. Previously also non-bailable warrant was issued against applicant, which was recalled on the application filed by applicant. However, in spite of above, applicant has again absconded from the proceeding of trial. As such, no indulgence be granted by this Court in favour of applicant. 5. When confronted with above, the learned counsel for applicant could not overcome the same. 6. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicant with reference to the record at this stage. As such, no good ground exists to entertain the present application. 7. In view of above, present application fails and is liable to be dismissed. 8. It is accordingly dismissed. Order Date :- 3.4.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad