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Neutral Citation No. - 2025:AHC:89888 Court No. - 87 Case :- APPLICATION U/S 528 BNSS No. - 18738 of 2025 Applicant :- Pawan Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandrika Prasad,Pramod Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State-O.P. No.1.
2. The instant application under Section 482 Cr.P.C. has been filed praying for quashing the NBW dated 17.04.2025, Case No. 531 of 2021 (State vs. Pawan Pandey), arising out of Case Crime no. 89 of 2018, under Section 386, 420, 341 IPC, P.S.Mau, District- Chitrakoot, pending in the court of Additional District & Sessions Judge / Fast Track Court, Chitrakoot.
3. After arguing for sometime, the only prayer sought by the counsel for the applicant is that the applicant is willing to obtain bail after surrendering in the court below, and for that a protective direction may be issued to the concerned trial court to consider and decide the proposed bail application of the applicant.
4. Per contra, learned A.G.A. vehemently opposes the present application and submits that since the applicant was not cooperating in the court proceedings, NBW has been issued against the applicant and as such, he deserves no leniency by this Court.
5. Having gone through the rival submissions of the learned counsel for the parties and on perusal of the record, I do not see any illegality, impropriety and incorrectness in the impugned proceedings under challenge, and there is nothing else which may suggest that there is abuse of court's process. There is no good ground to interfere in the impugned proceedings of the above mentioned case, therefore, the prayer for quashing the order of NBW dated 17.04.2025, is refused.
6. However, on the request of learned counsel for the applicant that
the applicant want to surrender in the court below and apply for bail, it is directed that in case the applicant surrenders within two weeks from today and apply for bail by moving an appropriate bail application, the same shall be considered and decided by the concerned trial court purely on its own merits.
7. With the aforesaid observations, this application is finally
disposed of.
8. For a period of two weeks from today or till surrender of the applicant, whichever is earlier, the proceedings of aforesaid case qua the present applicants, shall be kept in abeyance.
Order Date :- 26.5.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad