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2025 DAILYLAW 69418 (ALL)

BHOORA v. STATE OF U.P. AND ANOTHER

NA528/23634/2025 · 2025-09-17

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23634 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard Mr. Anil Kumar Mishra, learned counsel for the applicant and learned A.G.A. for the State. 2. The present application has been filed with prayer to quash the N.B.W. dated 11.04.2023 passed by Additional District & Session Judge, Court No.4, Amroha in Session Trial No.224 of 2018 (State Vs. Banti & others) in Case Crime No.- 173 of 2018 under Section 307 I.P.C., P.S.- Gajraula, District- Amroha, pending in the Court of learned Additional Session Judge/Special Judge (POCSO Act)- IInd, Amroha. 3. Learned counsel for the applicant submits that a bare perusal of the FIR and recovery memo reveals that the applicant and co-accused persons were arrested by the police on 22.08.2018. On the aforesaid charge under Section 307 I.P.C., the applicant and co-accused were released on bail by the orders of the competent court. However, they failed to appear before the trial Court and non bailable warrants were issued. He next submits that a direction be issued to the learned court concerned for cancellation of the non-bailable warrant and grant of bail as expeditiously as possible. 4. Learned A.G.A. has no objection to the above submission. 5. In view of above, if the applicant surrenders before court concerned within four weeks from today and applies for cancellation of N.B.W. or grant of bail, the same shall be considered and decided by court concerned in accordance with law as expeditiously as possible. Versus Counsel for Applicant(s) : Anil Kumar Mishra Counsel for Opposite Party(s) : G.A. Bhoora .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. Till four weeks or appearance of applicant before court concerned, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 7. With the above direction, the application is disposed of. September 18, 2025 Amit NA528 No. 23634 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad