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2025 DAILYLAW 35207 (ALL)

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

NA528/10786/2025 · 2025-04-23

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64297 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 10786 of 2025 Applicant :- Sanjay Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Tiwari,Shashikant Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Compliance affidavit, filed by learned AGA for the State today in the Court, is taken on record. Accordingly, the notice upon the opposite party no.2 is sufficient. Supplementary affidavit filed by learned counsel for the applicants today in the Court, is taken on record. Heard learned counsel for the applicants, learned AGA for the State and perused the record. This present application has been filed by the applicants with a prayer to quash the order of N.B.W. dated 05.05.2022 passed by Additional Session Judge, Court No.14, Allahabad in S.T. No.241 of 2017, (State vs. Santosh and others), arising out of Case Crime No.223 of 2017, under Sections 504, 506 IPC and Section 3(2)(v)a of S.C./S.T. Act, Police Station-Mau Aima, District-Allahabad, pending before the court of Additional Session Judge, Court No.14, Allahabad. At the very outset, learned counsel for the applicants gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. In para 3 of the supplementary affidavit in support of this application, learned counsel for the applicants stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application / surrender application of the applicants expeditiously. Learned A.G.A. for the State 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 the 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. For the period of three weeks from today or till the surrender application is decided, whichever is earlier, effect and operation of the non bailable warrant dated 5.05.2022 issued against the applicants shall be kept in abeyance. In case the applicant(s) does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant(s) as required under the law. With the above observations and directions, the present application is disposed of. Order Date :- 24.4.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad