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Neutral Citation No. - 2025:AHC:108419 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 23390 of 2025 Applicant :- Nayan Kamal Agrawal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Tiwari,Prashant Kumar Lal Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. Applicant has invoked the inherent jurisdiction of this Court under Section 528 B.N.S.S. for directing the court of Special Judge SC/ST Act, Hathras to consider and decide the application dated 03.03.2025 and 07.03.2025 filed by the applicant in Complaint Case No. 788 of 2022 (Dr. Kailash Chandra Vs. Nayan Kamal Agrawal) under section 504, 506 I.P.C. along with section 3 (2) (va) of the SC/ST Act, Police Station- Mursan, District- Hathras further direct the trial court to allow the applicant to sign order sheet for recording his presence, within a short stipulated time period as may be specified by this Hon'ble Court.
3. After due deliberation at length, learned counsel for the applicant chose not to press the instant application on merits. However, he has urged for interim protection to the present applicant so that he may appear before the court below and participate in the court proceedings.
4. Having considered the rival submission advanced by learned counsel for the applicant and learned A.G.A. for the State, it manifests that a coordinate Bench of this Court, vide order dated 13.02.2025 passed in Criminal Appeal No. 8560 of 2024 (Nayan Kamal Agrawal Vs. State of U.P. and Another), has directed to conclude the proceedings of Case No. 788 of 2022 (Dr. Kailash Chandra Vs. Nayan Kamal Agarwal) u/s 504, 506 I.P.C. and Section 3(2)(5A) of SC/ST Act, preferably within a period of 12 months from the date of presentation of certified copy of the said
order. The coordinate Bench has also directed that no unnecessary adjournment shall be sought for unless the same is unavoidable. In this view of the matter, the applicant is under legal obligation to cooperate with the court proceeding so that the trial get concluded
within the period, as directed by this Court.
5. In this conspectus, as above, no useful purpose would be served to keep this matter pending. Therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction that in case present applicant appears/surrenders and move bail application within a period of three weeks from today before the court below, he shall be released on bail, on furnishing a personal bond of Rs. 25,000/- and two sureties each in like amount, to the satisfaction of the court concerned.
6. For a period of three weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicant in aforesaid criminal case.
7. As per observation made above, instant application is disposed of.
Order Date :- 8.7.2025 Sumit K. Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad