AKHILESH KUMAR TIWARI v. STATE OF U.P. AND ANOTHER
NA528/11406/2025 · 2025-04-07
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37843 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37843 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50301 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 11406 of 2025 Applicant :- Akhilesh Kumar Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalji Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for seeking following relief:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the application and quash the NBW against the applicant dated 20.07.2024 and further direct the court below to release the applicant on bail in terms of binding precedent laid down by Hon'ble Surpeme Court in Satendra Kumar Antil's Case reported in (2021) 10 SCC 773 in Complaint Case No.4895 of 2017 (Krishna Chandra Tiwari Vs. Akhilesh Kumar Tiwari) under Sections 323, 504, 506 IPC, Police Station- Madiahu, District- Jaunpur, pending before the Court of A.C.J.M., Court No.12, Jaunpur."
3. Learned counsel for the applicant submitted that the prayer made above is not being pressed and the applicant is willing to appear before the trial Court and a direction may be made to the trial Court to decide the bail application of applicant expeditiously in accordance with law laid down in Satendra Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922 and protection may be granted till then.
4. In view of aforesaid, it is directed that in case applicant appears/ surrenders before the court below within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicant surrenders before the court below, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
5. With the aforesaid observations, the application under Section 528 BNSS is
disposed of.
Order Date :- 8.4.2025//'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad