Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 68529 (ALL)

RAGHAV AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/22208/2025 · 2025-08-05

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:133106 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22208 of 2025 Applicant :- Raghav And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chetan Chatterjee,Ran Vijay Singh Counsel for Opposite Party :- G.A.,Rahul Kumar Sharma Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Chetan Chatterjee, learned counsel for the applicants, Sri Rahul Kumar Sharma, learned counsel for opposite party no.2 and Sri Arvind Nath Agarwal, learned A.G.A. for the State- opposite party no.1. 2. The present application u/s 528 of B.N.S.S. has been filed with prayer to quash the non-bailable warrants dated 03.09.2024 issued against the applicants by the court of Chief Judicial Magistrate, Hathras, in Criminal Case No.11802 of 2023, arising out of FIR No.111 of 2023, under sections 323, 504, 506, IPC, Police Station Kotwali, Hathras (State Vs. Raghav and another) and permitted the applicants to participate in the trial in accordance with law. He further prayed for stay the non-bailable warrant dated 03.09.2024 issued against the applicants. 3. After some arguments learned counsel for the applicants is confining his prayer for issuance of a direction to the court concerned to consider the bail application of the applicants, as expeditiously as possible in accordance with law. Learned counsel for the applicants further submits that the applicants were on bail but due to some miscommunication between the applicants and their counsel, they could not appear before court and the learned trial court has issued non-bailable warrant against the applicants. 4. On the other hand, learned counsel for opposite party no.2 as well as learned A.G.A. for the State have opposed the above submissions of learned counsel for the applicants and submitted that learned trial court has rightly issued non-bailable warrant against the applicants. 5. In view of the above facts and circumstances of the case, it is directed that if the applicants surrender/appear before the learned trial court within three weeks from today and apply for bail, then their bail application shall be heard and decide by the trial court concerned, expeditiously in accordance with law. 6. In the meantime, no coercive action shall be taken against the applicants in the aforesaid case. 7. Learned counsel for the applicants further prayer that liberty may be granted to the applicants to file another application under section 528 BNSS or avail any other legal remedy in accordance with law, challenging the cognizance order. 8. In view thereof, the applicants shall be at liberty to avail any legal remedy in the matter, in accordance with law. 9. With the aforesaid direction, the present application is hereby disposed of. Order Date :- 6.8.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad