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2025 DAILYLAW 67540 (ALL)

SUDHIR v. STATE OF U.P. AND ANOTHER

NA528/21700/2025 · 2025-08-20

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144257 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 21700 of 2025 Applicant :- Sudhir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Srivastava,Sunil Kumar Saroj Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the non-bailable warrant order dated 19.12.2024 passed by Additional District Judge / Special Judge-02, (Prevention of Corruption Act), Meerut in S.T. No. 255 of 2020, arising out of case crime no. 0425 of 2019, under Sections 147, 148, 149, 304 IPC, P.S. Parikshitgarh, District Meerut. 3. It has been submitted by learned counsel for the applicant that in the aforesaid case applicant was on bail but on 19.12.2024 applicant could not appear before the trial court and non-bailable warrants were issued against him. It was further submitted that the said order was also challenged before this Court by co-accused Himanshu in application u/s 528 BNSS No. 12178 of 2025, which was disposed of vide order dated 05.05.2025 and that the case of applicant is also on similar footing and similar order may be passed in the present case. 4. Learned A.G.A. has opposed the application but he could not dispute the aforesaid fact. 5. Considering submissions of learned counsel for the applicant and perusing record, it is directed that in case applicant appears before the court below within three weeks from today and applies for bail / recall of non bailable warrant, his application shall be shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941. For a period of three weeks from today or till applicant appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance. 6. The application u/s 528 BNSS is finally disposed of in above terms. Order Date :- 21.8.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad