DEEPAK TIWARI AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/32474/2025 · 2025-09-25
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89792 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89792 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32474 of 2025 Court No. - 72 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 BNSS has been filed by the applicant with prayer to permit the court below to recall the Non Bailable Warrant (NBW) dated 13.10.2023 issued against the applicants in Case No.2067 of 2012 (State Vs. Shitla Prasad and Others) arising out of Case Crime No.66 of 2012, under Sections 323, 452, 447, 511 IPC, Police Station- Tharwai, District- Allahabad and further directing the court below to consider the bail application of the applicants on same day in the aforesaid case passed in Case No.2067 of 2012 (State Vs. Shitla Prasad and Others) in the interest of justice.
3. From the record, it transpires that on account of the failure of the applicants to appear before the court below, non-bailable warrant has been issued against the applicants by the court below vide order dated 13.10.2023.
4. Learned counsel for the applicants submits that interest of justice shall be served provided some protection is granted by this Court to enable the applicants to appear before the court below.
5. Considering the facts and circumstances of the case, it is provided that the applicants shall appear before the court concerned within two weeks from today and move an application for recall of non bailable warrant, which shall be considered and disposed of expeditiously in accordance with law. Versus Counsel for Applicant(s) : Alok Ranjan Tripathi, Kamlesh Kumar Tripathi Counsel for Opposite Party(s) : G.A. Deepak Tiwari And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. For a period of two weeks, the execution of non bailable warrant, issued against the applicants, shall remain stayed.
7. In case of default, the interim protection granted by this Court shall stand automatically vacated and the court below shall be free to proceed against the applicants in accordance with law.
8. With the aforesaid direction, the 528 BNSS application is finally disposed off. September 26, 2025 Nitin Verma NA528 No. 32474 of 2025 2 (Deepak Verma,J.) Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad