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2025 DAILYLAW 48062 (ALL)

HEMENDRA PRAJAPATI ALIAS HEMANT KUMAR v. STATE OF U.P. AND ANOTHER

NA528/14423/2025 · 2025-05-13

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79238 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 14423 of 2025 Applicant :- Hemendra Prajapati Alias Hemant Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Piyush Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Compliance affidavit filed today is taken on record. 2. Vakalatnama filed by Mr. Pt. S.P. Sharma on behalf of opposite party no.2 today, is taken on record. 3. Heard Mr. Piyush Kumar Shukla, counsel for the applicant, Mr. Pt. S.P. Sharma, counsel for opposite party no.2, learned A.G.A. for the State and perused the record. 4. This application under Section 528 BNSS has been filed by the applicant with a prayer to quash the order dated 13.02.2025 passed by Special Judge, SC/ST Act in Sessions Case No.164 of 2023 (wrongly mentioned as "164 of 2017" in the prayer clause), arising out of Case Crime No.272 of 2022, under Sections 504, 506 I.P.C. & Section 3(2)(va) of SC/ST Act, Police Station - Sipri Bazar, District - Jhansi. 5. Earlier, the applicant was enlarged on bail, however, he could not appear before the court concerned on 13.02.2025 giving an application for condoning his presence. The application could not be pressed by the counsel for the applicant, therefore, the non- bailable warrants have been issued against the applicant. Counsel for the applicant prayed that some time may be granted to the applicant to appear and surrender before the court concerned and apply for bail and the same may be directed to be considered and decided by the court concerned expeditiously. 6. Learned A.G.A. for the State submits that if the applicant is ready to surrender before the court concerned, he has no objection in granting protection to him for a short period. 7. In view of above, it is directed that the applicant shall surrender before the court concerned within two weeks from today and in case apply for bail, the bail application of the applicant shall be considered and decided as expeditiously as possible by the court concerned, after hearing the informant, in accordance with law and keeping in view the guidelines as laid down by the Apex Court. 8. For a period of two weeks from today or till the time of surrender of the applicant before the court concerned, whichever is earlier, the effect and operation of the non bailable warrant dated 13.02.2025 issued against the applicant, shall be kept in abeyance. 9. With the above observations and directions, this application under Section 528 BNSS is disposed of. Order Date :- 14.5.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad