MANISH YADAV AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/11503/2025 · 2025-04-27
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35053 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35053 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:65262 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 11503 of 2025 Applicant :- Manish Yadav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shams Tabrez Alam Ansari Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Learned A.G.A. for the State has filed compliance affidavit in the Court today, which is taken on record. Accordingly, service of notice upon opposite party no.2 is sufficient. Despite service of notice, no one has put an appearance on behalf of opposite party no.2.
Learned counsel for the applicants has filed supplementary affidavit in the Court today, which is taken on record. Heard Mr. Shams Tabrez Alam Ansari, learned counsel for the applicants as well as Mr. Amit Singh Chauhan, learned A.G.A. for the State and perused the record. This application under Section 528 BNSS has been filed by the applicants with a prayer to quash the entire proceedings as well as charge sheet dated 07.08.2019 in S.T. No.36 of 2019 (State vs. Manish Yadav), arising out of Case Crime No.303 of 2019, under Sections 504, 323 I.P.C. and Section 3(1)(Da) SC/ST Act, Police Station- Muhammadabad, District- Mau, pending in the court of learned Special Judge (SC/ST Act), District- Mau.
Learned counsel for the applicants submits that earlier the applicants were enlarged on bail. He further contends that the applicants could not appear before the court concerned on a few dates due to reasons as mentioned in affidavit, therefore, non- bailable warrants have been issued against the applicants. He further submits that he is not pressing any other prayer made in this application on merits and prayed that some time may be given to the applicants to appear and surrender before the Court below and apply for bail, as stated in paragraph no.3 of supplementary
affidavit, in case, apply for bail, the same shall be considered and decided by the court below expeditiously. Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period. In view of above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within three weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below, after hearing the informant, in accordance with law and keeping in view the guidelines as laid down by the Apex Court. For a period of three weeks from today or till the time of surrender of the applicants before the concerned court below, whichever is earlier, effect and operation of the non bailable warrant dated 31.07.2023 issued against the applicants shall be kept in abeyance. With the above observations and directions, this application under Section 528 BNSS is disposed of.
Order Date :- 28.4.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad