Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 84924 (ALL)

MOHAMMAD ISLAM v. STATE OF U.P. AND ANOTHER

NA528/29434/2025 · 2025-09-16

Raj Beer Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 29434 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed for quashing of the non-bailable warrant and process under Section 82 Cr.P.C. dated 25.07.2025 passed by learned ACJM-8, Prayagraj in criminal case no. 2103 of 2000, (New case no. 216/2002), arising out of case crime no. 296 of 1998, under Section 409 IPC, P.S. Handia, District Prayagraj. 3. Learned counsel for the applicant submits that applicant is innocent and no prima-facie case is made out against him and that the impugned order is against facts and law and thus, liable to be set aside. It was submitted that applicant is a 84 years old person and that he would appear before the trial court concerned and he may be permitted to submit personal and sureties bonds for his appearance before the trial court. 4. Learned AGA has opposed the application and submits that applicant is continuously absconding since the year 2004 and non-bailable warrants are being issued against him and even the process under Section 82 Cr.P.C. has been issued against him. 5. Perusal of record shows that applicant is continuously absconding since the year 2004 and non-bailable warrants are being issued against him since last several years and after that process under Section 82 Cr.P.C. has been issued against him. In view of facts of the matter, no illegality or perversity Versus Counsel for Applicant(s) : Amar Chandra Counsel for Opposite Party(s) : G.A. Mohammad Islam .....Applicant(s) State of U.P. and Another .....Opposite Party(s) could be shown in the impugned order. 6. However, it is directed that in case applicant appears / surrenders before the trial court concerned within a period of three weeks from today and applies for bail, his bail application shall be considered and decided expeditiously in accordance with settled law. 7. The application under Section 528 BNSS is disposed of in above terms. September 17, 2025 Anand NA528 No. 29434 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad