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2025 DAILYLAW 65839 (ALL)

SHAKEEL ALI v. STATE OF U.P. AND ANOTHER

NA528/20216/2025 · 2025-06-30

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:100899 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 20216 of 2025 Applicant :- Shakeel Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Upendra Kumar Tiwari, learned counsel for the applicant and Sri Jyoti Singh, learned A.G.A. for the State- O.P.No.1. 2. The instant application has been filed praying for quashing the Non-Bailable Warrant dated 17-04-2023 issued by Special Judge, SC/ST Act, in S.T. No. 900/2013 , arising out of case crime no. 179/2013, under Sections 302, 393, 511 and 120-B IPC, P.S. Bidhnoo, district Kanpur Nagar. 3. After arguing for sometime, the only prayer sought by the applicant's counsel is that as it is being desired by the accused- applicant to obtain bail after surrendering in the court below, at least 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 is not cooperating in the court proceedings, non-bailable warrant 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 Non- Bailable Warrant is refused. 6. However, on the request of learned counsel for the applicant that the applicant wants to surrender in the court below and applies for bail, it is directed that in case the applicant surrenders within three weeks and applies 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. Order Date :- 1.7.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad