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2025 DAILYLAW 64579 (ALL)

KAUSHAL SONKAR v. STATE OF U.P. AND ANOTHER

NA528/19481/2025 · 2025-07-15

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114506 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 19481 of 2025 Applicant :- Kaushal Sonkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar Sahu,Vijai Prakash Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following relief:- "It is, therefore, most respectfully, prayed that this Hon'ble Court may kindly be pleased to allow this application and quash the N.B.W. dated 17.06.2022, issued in S.T. No. 1327 of 2014 (State Vs. Kaushal Sonkar), arising of Case Crime No. 339 of 2014, under Sections 304 and 308 I.P.C., P.S. Kydganj, District- Allahabad, pending in the court of learned Additional Sessions Judge- II, Allahabad. It is further prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of the N.B.W. dated 17.06.2022, issued in S.T. No. 1327 of 2014 (State Vs. Kaushal Sonkar), arising of Case Crime No. 339 of 2014, under Sections 304 and 308 I.P.C., P.S.- Kydganj, District- Allahabad, pending in the court of learned Additional Sessions Judge- II, Allahabad. And/or pass such other and further suitable order, which this Hon'ble Court may deem fit are and proper in the circumstances of the case, otherwise, the Applicants shall suffer irreparable loss and injury." 3. Learned counsel for the applicant submitted that the prayer made above is not being pressed and that in the aforesaid case applicant was on bail and he was regularly appearing before the trial Court. On 14.06.2022 the case was transferred to another court and applicant has no knowledge about that transfer and thereafter on 17.06.2022 non-bailable warrants were issued against applicant. Before that order, no summon or notice was issued or served upon applicant. It was submitted that applicant would appear before the trial Court concerned and a direction may be made to the trial Court to decide the bail application of applicant expeditiously in accordance with law and protection may be granted till then. 4. In view of aforesaid, it is directed that in case applicant surrenders 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 surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 5. With the aforesaid observations, the application under Section 528 BNSS is disposed of. Order Date :- 16.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad