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2025 DAILYLAW 81565 (ALL)

SAHAB SINGH v. STATE OF U.P. AND ANOTHER

NA528/28831/2025 · 2025-08-06

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133946 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 28831 of 2025 Applicant :- Sahab Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2. This application under Section 528 B.N.S.S. has been filed by the applicant to quash the order dated 04.06.2025 passed by learned Civil Judge (S.D./F.T.C.), Gautam Buddh Nagar in Case No. 6888 of 2016 (State Versus Sahab Singh), arising out of Case Crime No. 75 of 2015, under Sections 420, 406 I.P.C., Police Station- Expressway, District- Gautam Buddh Nagar, pending in the Court of learned Civil Judge (S.D./F.T.C.), Gautam Buddh Nagar. 3. At the outset learned counsel for the applicant gave up his challenge to the aforesaid charge sheet, Non-bailable warrant and criminal proceedings against the applicant and confined his submission requesting to grant some protection to the applicant to surrender before the concerned court below. The learned counsel for the applicant further stated at the Bar that he is not pressing any other prayer made in this application on merits and prayed that a direction may be issued to the concerned courts below to consider and decide the bail application of the applicant expeditiously. 4. Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to him for a short period. 5. In view of the above, the relief as sought by the applicant in the instant application is refused. 6. However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the concerned court below within three weeks from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the courts below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2021 SCC Online SC 922. 7. For the period of three weeks from today or till the time of surrender of the applicant before the concerned Court below, whichever is earlier, non-bailable warrant issued against he applicant, shall be kept in abeyance. 8. With the above observations and directions, this application under Section 528 B.N.S.S. is disposed of. Order Date :- 7.8.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad