VIMAL CHANDRA ALIAS WAKEEL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/28823/2025 · 2025-08-06
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83859 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83859 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:133943 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 28823 of 2025 Applicant :- Vimal Chandra Alias Wakeel And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyendra Kumar Dwivedi,Vimal Srivastava Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants, 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 applicants to quash the order dated 08.05.2025 passed by Judicial Magistrate IVth, Prayagraj whereby the court has issued a non bailable warrant as well as cognizance/ summoning order dated 20.03.2024 issued by the Judicial Magistrate, IV Prayagraj in Case No. 79 of 2024 (State vs. Ram Achal and others) in Case Crime No. 234 of 2023, under Sections 147, 149, 323, 352, 504, 506, 308, 427 I.P.C., Police Station- Phoolpur, District- Prayagraj, pending in the Court of Judicial Magistrate-IV, Prayagraj.
3. At the outset learned counsel for the applicants gave up their challenge to the aforesaid charge sheet, Non-bailable warrant and criminal proceedings against the applicants and confined his submission requesting to grant some protection to the applicants to surrender before the concerned court below. The learned counsel for the applicants 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 applicants expeditiously.
4. Learned A.G.A. for the State of U.P. submits that in case the applicants are not pressing the relief as sought for by them on merits and wants to surrender before the concerned court below, he has no objection if the Court grants protection to them for a short period.
5. In view of the above, the relief as sought by the applicants in the
instant application is refused.
6. However considering the aforesaid alternative prayer made by
learned counsel for the applicants, it is directed that the applicants shall surrender before the concerned court below within three weeks from today and in case they apply for bail, the bail application of the applicants 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 applicants before the concerned Court below, whichever is earlier, non-bailable warrant issued against the applicants, 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