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2025 DAILYLAW 44067 (ALL)

SUNIL ALIAS BHOLA v. STATE OF U.P. AND ANOTHER

NA529/979/2025 · 2025-05-13

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78909 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 979 of 2025 Applicant :- Sunil Alias Bhola Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.K. Shahi,Surendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the Case No.6067 of 2012 (New Case No. 6067 of 2018), arising out of case crime no. 139 of 2011, under Section 363, 366, 376 IPC, Police Station Narora, District- Bulandshahar pending in the Court of Chief Judicial Magistrate, Bulandshahar expeditiously within stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. Supplementary affidavit filed today is taken on record. 3. It is submitted by the learned counsel for the applicant that the applicant is the accused in the said case. It is also submitted that the opposite party no.2 is not cooperating with the Court concerned and is adopting delaying tactics in disposal of the said case and only dates are being fixed in the matter. The Court concerned is not taking proper interest in disposal of the said session trial. 4. Learned AGA opposed the prayer. 5. I have considered the submissions and perused the record. 6. Since the accused is a chronic absconder in this case and his Application U/S 482 Cr.P.C. No. 17525 of 2013 was dismissed for want of prosecution by this Court vide order dated 5.2.2015 and another application moved for the restoration of the case was also rejected by this Court vide order dated 23.7.2015 but despite having full knowledge of the case the accused never appeared before the Court whereas in the year 2012 as stated he was granted bail also by the learned trial Court yet he has been absconding since 2015 i.e for a period of 10 years. Such chronic absconder does not deserve for any assistance of this Court. 7. The application being devoid of merits is liable to be dismissed and the same is, accordingly, dismissed. Order Date :- 14.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad