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2025 DAILYLAW 63172 (ALL)

RAJAN KUMAR ALIAS RAJJAN ALIAS HARIOM ALIAS BAHADUR v. STATE OF U.P. AND ANOTHER

NA528/18804/2025 · 2025-07-27

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123994 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 18804 of 2025 Applicant :- Rajan Kumar Alias Rajjan Alias Hariom Alias Bahadur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the non bailable warrant dated 01.12.2006 issued against the applicant and entire proceedings of 82 & 83 Cr.P.C. in Case No.4987 of 1997 (State vs. Rajan and others) arising out of Case Crime No.89 of 1997, under Sections 379 & 411 I.P.C., P.S.Anwarganj, District Kanpur Nagar, pending in the court of Additional Chief Judicial Magistrate Ist, Kanpur Nagar. 3. At the outset learned counsel for the applicant gave up his challenge to the aforesaid Non-bailable warrant and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further 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 of the applicant expeditiously. 4. Learned A.G.A. for 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. Learned AGA has also raised objection that proceeding under section 82 & 83 Cr.P.C. has been initiated against the applicant. 5. In view of the above, the relief as sought by the applicant in the instant application is refused. 6. 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 three weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below 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, reported in 2021 SCC Online SC 922. 7. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. Order Date :- 28.7.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad