SAUKHILAL OJHA ALIAS PARSURAM OJHA v. STATE OF U.P. AND 3 OTHERS
NA528/28899/2025 · 2025-08-06
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83513 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83513 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:134051 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 28899 of 2025 Applicant :- Saukhilal Ojha Alias Parsuram Ojha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Pandey,Shivam Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Akhilesh Bhartiya, learned counsel for informant/opposite party no.2, who preferred vakalatnama before Registry, but his name has not been shown in the cause list.
2. This application under section 528 BNSS has been preferred to quash the non- bailable warrant order dated 25.04.2025 in pursuance to Criminal Case No.28 of 2024 (State vs. Satyanarayan Ojha and Others) arising out of Case Crime No.254 of 2023, under sections 354kha, 323, 504, 506, 452 I.P.C. and sections 7/8 POCSO Act, P.S. Sarai Akil, District- Kaushambi, pending in the court of learned Additional District Judge/Special Judge, POCSO Act, Kaushambi as well as to stay the further proceedings of above-mentioned case.
3. At the very outset, learned counsel for the applicant submitted that he is not pressing the application on merits and confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrenders before it and apply for bail, his bail application may be considered and decided expeditiously in accordance with law, including the law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825) to which
learned counsel for opposite parties have no objection.
4. In view of the aforesaid, the instant application under section 528 BNSS is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of three weeks from today and apply for bail, his bail application shall be considered and decided expeditiously in accordance with settled law.
5. However, it is made clear that till three weeks from today, no coercive action shall be taken against the applicant herein.
Order Date :- 7.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad