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2025 DAILYLAW 49979 (ALL)

SHAILESH KUMAR SINGH v. STATE OF U.P. AND ANOTHER

NA528/14893/2025 · 2025-04-29

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67484 Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 14893 of 2025 Applicant :- Shailesh Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awesh Kumar Bhardwaj Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State of U.P./opposite party No.1 and perused the record. 2. This application has been filed by applicant- Shailesh Kumar Singh with a prayer to quash the Non-bailable warrant dated 02.02.2021 passed by learned Special Judge (SC/ST Act), Ballia in Session Trial No. 215 of 2014 (State Vs. Shiv Kumar Singh and others) arising out of Case Crime No. 149 of 2013, under Sections 323, 504, 506 I.P.C. and Section 3(1)(X) of SC/ST Act, Police Station Khejuri, District Ballia. 3. Brief facts of the case which are required to be stated are that the F.I.R. was lodged on 06.06.2012, in which after culmination of investigation charge- sheet was submitted on 29.09.2013 and charge was framed against the applicant on 04.12.2014. Thereafter, on non-appearance of the applicant before the trial court, non bailable warrant was issued against him on 02.02.2021. 4. Learned counsel for the applicant after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid order of non-bailable warrant against the applicant by contending at the Bar that he is not pressing the prayer made in this application on merits and confined his submission requesting to grant some protection to the applicant to surrender before the concerned Court below. 5. Learned Additional Government Advocate representing the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned Court below, he has no objection if the Court grants protection to him for a short period. 6. In view of the above, the relief as sought by the applicant in the instant application is refused. 7. However, considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned Court below within two weeks from today and in case applies for bail, the bail application of the applicant shall be disposed of expeditiously by the Court concerned in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922. 8. For the period of two weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, no coercive action shall be taken against the applicant in the present case. 9. With the above observations and directions, the instant application is disposed of. Order Date :- 30.4.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad