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Neutral Citation No. - 2025:AHC:109690 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 22339 of 2025 Applicant :- Akhilesh Singh Tomar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Uttam Singh 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 very graciously be pleased to allow this application and quash the Order dated 14.02.2025, passed Under Section 82 Cr.P.C along with Non Bailable Warrants and Order dated 15.04.2025, passed under Section 83 Cr.P.C and proceeding under Section 446 Cr.P.C has been initiated against the sureties as well as consequences orders passed in Criminal Case No.1590 of 2016 (State Vs. Akhilesh Singh Tomar and others), arising out of Case Crime No.397 of 2016, under Sections 328,379,411 I.P.C., Police Station- Bidhuna, District Auraiya, pending before Civil Judge, (Junior Division) Auraiya, otherwise the applicant shall suffer irreparable loss and injury. It is further most respectfully that this Hon'ble Court graciously be pleased to stay the effect and operation of the Order dated 14.02.2025, passed Under Section 82 Cr.P.C along with Non Bailable Warrants and Order dated 15.04.2025, passed under Section 83 Cr.P.C and proceeding under Section 446 Cr.P.C has been initiated against the sureties as well as consequences orders passed in Criminal Case No.1590 of 2016 (State Vs. Akhilesh Singh Tomar and others), arising out of Case Crime No.397 of 2016, under Sections 328,379,411 I.P.C., Police Station- Bidhuna, District Auraiya, pending before Civil Judge, (Junior Division) Auraiya, during the pendency of the present application, and/or pass any suitable order or direction which this Hon'ble Court may deem fit and proper in the present case otherwise applicant shall suffer irreparable loss and injury."
3. After arguing at some length, learned counsel for the applicant submitted that the prayer made above is not being pressed and the applicant would appear before the trial Court 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 below 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. 5. With the aforesaid observations, the application under Section 528 BNSS is disposed of. Order Date :- 10.7.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad