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Neutral Citation No. - 2025:AHC:65350 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 11315 of 2025 Applicant :- Ashok Kumar Agrahari And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Yadav 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. Ramesh Chandra Yadav, learned counsel for the applicants as well as Mr. Mayank Awasthi, learned A.G.A. for the State and perused the record. This application under Section 528BNSS has been filed by the applicants with a prayer to quash the order dated 04.02.2025 passed by learned Special Judge SC/ST Act, Jaunpur and also may be directed to recall the order dated 04.02.2025 or permit the applicants to file a fresh bail bond and to remain on bail granted earlier on 26.09.2017 passed by Special Judge SC/ST Act, Upper Session Judge, Court No.4, Jaunpur, arising out of Case Crime No.291 of 2016, under Sections 147, 323, 325, 504 I.P.C. and Section 3(1)(द) SC/ST Act, pending in the court of Special Judge SC/ST Act, Upper Session Judge, Court No.4, Jaunpur.
Learned counsel for the applicants submits that earlier the applicants were enlarged on bail. He further submits that the applicants have appeared before the court concerned on each and every date as is evident from the order sheet annexed in the supplementary affidavit filed today. However, non-bailable warrants have been issued against the applicants as they could not
appear before the court concerned on one of the date due to reasons detailed in the affidavit. 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, 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 04.02.2025 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