SANJAY @ DURGESH UPADHYAY AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/14475/2025 · 2025-05-25
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46547 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46547 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:89871 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 14475 of 2025 Applicant :- Sanjay @ Durgesh Upadhyay And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application u/s 528 BNSS has been filed with the following prayer :-
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the present application and quash the order dated 23.04.2024 as well as Non-Bailable Warrants issued against the applicants in Complaint Case No. 1654 of 2016 (Smt. Lata Sharma v. Sanjay @ Durgesh Upadhyay and others), under Section 406 of IPC, P.S.- Vijay Nagar, District- Ghaziabad, pending in the court of Additional Chief Judicial Magistrate-II, Ghaziabad."
3. It is submitted by learned counsel for the applicants that the prayer made above is not being pressed and that applicant nos.2 to 7 are sister-in-law (Nanad) and brother-in-law (Nandoi) of opposite party no.2 and thus, applicant nos. 2 to 7 may be permitted to move an application for discharge before the trial court concerned and till then protection may be granted to them. It is further submitted that applicant no.1 is husband of opposite party no.2 and a direction may be made to the trial court concerned to decide his bail application expeditiously in accordance with law. 4. In view of the aforesaid, it is directed that in case applicant nos.2 to 7 file application for discharge before the trial court concerned within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law by the court concerned. It is further directed that for a period
of three weeks from today and in case such an application for discharge is filed within the aforesaid period, till the disposal of discharge application, no coercive action shall be taken against the applicant nos.2 to 7, provided the applicant nos.2 to 7 cooperate in early disposal of discharge application. 5. It is further directed that in case applicant no.1 appears/surrenders before the trial court concerned 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 no.1 appears/surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant no.1 in the aforesaid case. 6. The application u/s 528 BNSS is finally disposed of in above terms. Order Date :- 26.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad