SANJAY KUMAR JAISWAL ALIAS SANJAY KUMAR B. JAISWAL v. STATE OF U.P. AND ANOTHER
NA528/19053/2025 · 2025-08-19
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63520 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63520 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:141853 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 19053 of 2025 Applicant :- Sanjay Kumar Jaiswal Alias Sanjay Kumar B. Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Sagar Singh,Anil Kumar Jaiswal Counsel for Opposite Party :- Chandra Shekhar Garg,G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record. 2. This application under Section - 528 BNSS has been preferred against the order dated 16.04.2025, passed by the Additional Chief Judicial Magistrate, First, Jaunpur, in Case Crime No. 38 of 2024, under Sections - 120-B, 419, 420, 467, 468, 471 I.P.C., Police Station - Madiyaun, District - Jaunpur, whereby process under Section - 82 Cr.P.C. has been issued against applicant. 3. Learned counsel for the applicant submitted that first information report was lodged by the opposite party no.2 making false and baseless allegations and that the disputed Will is a registered document and in that regard a civil suit is pending before the Civil court. It is further submitted that applicant would appear before the court concerned and thus, a direction may be issued to the court concerned to decide his bail application expeditiously in accordance with law and protection may be granted till then. 4. Learned A.G.A. and learned counsel for the opposite party no.2 have opposed the application. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that during investigation of the aforesaid case warrants were issued against applicant but he could not be traced. Thereafter on the application of Investigating Officer, learned Magistrate has issued process under Section - 82 Cr.P.C.. Learned counsel submitted that applicant was residing in Mumbai and he has no knowledge about the impugned proceedings and thus, some time may be granted to the applicant to appear before the court concerned and a direction may be made to the court concerned to decide his bail application expeditiously in accordance with law. 7. In view of aforesaid, it is directed that in case applicant appears before the court concerned within a period of two weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.
For a period of two weeks from today or till the applicant appears before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 8. The application under Section - 528 BNSS is disposed of in above terms. Order Date :- 20.8.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad