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2025 DAILYLAW 51907 (ALL)

RISHI KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/15119/2025 · 2025-05-15

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81647 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 15119 of 2025 Applicant :- Rishi Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Nath Singh,Sarvesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Compliance affidavit, filed by learned AGA for the State today in the Court, is taken on record. Accordingly, the notice upon the opposite party no.2 is sufficient. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The present application has been filed by the applicants with a prayer to quash the impugned order dated 25.03.2025 passed by Special Judge (SC/ST Act), Mathura in Session Case No.915 of 2024 (State vs. Sandeep and others), arising out of Case Crime No.121 of 2024, under Sections 147, 308, 323, 324, 352, 504 IPC and Section 3(1)(Da), 3(1)(Dha) & 3(2)(va) of SC/ST Act, Police Station-Sunir, District-Mathura. Learned counsel for the applicants submits that non-bailable warrants have been issued against the applicants on 25.03.2025. At the very outset, learned counsel for the applicants gave up his challenge to the aforesaid prayer and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. Learned counsel for the applicants stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application/surrender application of the applicants expeditiously. Learned A.G.A. for the State submits that in case the applicants are not pressing the relief as sought for by them on merits and want to surrender before the concerned court below, he has no objection in granting protection to them for a short period. In view of the above, considering the aforesaid alternative prayer made by learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within three weeks from today and in case apply for bail, the bail application of the applicants shall be disposed of expeditiously by the courts below, after hearing the informant, in accordance with law. For the period of three weeks from today or till the surrender application is decided, whichever is earlier, the effect and operation of the N.B.W. order dated 25.03.2025 shall be kept in abeyance. In case the applicant(s) does not comply with the aforesaid directions, the court below shall be free to take such measures for appearance of the applicant(s) as required under the law. With the above observations and directions, this application is disposed of. Order Date :- 16.5.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad