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2025 DAILYLAW 71681 (ALL)

RINKU v. STATE OF U.P. AND ANOTHER

NA528/24110/2025 · 2025-07-09

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110345 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 24110 of 2025 Applicant :- Rinku Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Mohammad Abbas Husain 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 u/s 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 graciously be pleased to allow the present application and quash the order of non-bailable warrant + 82 Cr.P.C. dated 05.06.2025, passed by learned Special Chief Judicial Magistrate, Meerut in Case No. 24400 of 2022 (State Versus Rinku and others), arising out of case crime no. 104 of 2021, Under Sections 147, 148, 149, 323, 307, 504, 506, 325 I.P.C. Police Station- Bahsuma, District- Meerut. It is further prayed that this Hon'ble Court may be pleased to stay the effect and operation of the order of non-bailable warrant + 82 Cr.P.C. dated 05.06.2025, passed by learned Special Chief Judicial Magistrate, Meerut in Case No. 24400 of 2022 (State Versus Rinku and others), arising out of case crime no. 104 of 2021, Under Sections 147, 148, 149, 323, 307, 504, 506, 325 I.P.C. Police Station- Bahsuma, District- Meerut, pending in the Court of learned Special Chief Judicial Magistrate, Meerut and also stay the further proceeding of aforesaid criminal case. And / or pass any other and further as this Hon'ble Court may deem fit and proper under the circumstances of the present case." 3. After arguing at some length, learned counsel for the applicant submitted that the prayer made above is not being pressed and the applicant is willing to 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. For a period of two weeks from today or till the applicant surrenders before the court below, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 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