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2025 DAILYLAW 91369 (ALL)

SURJEET SINGH GAUTAM v. STATE OF U.P. AND ANOTHER

NA528/33423/2025 · 2025-09-24

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33423 of 2025 Court No. - 89 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Rahul Yadav, learned counsel for the applicant and Shri Brijendra Pratap Maurya, learned AGA for the State. 2. This application U/S 528 BNSS has been preferred for quashing the Non Bailable Warrant order + 82 Cr.P.C. dated 21.07.2015 passed by Additional District and Sessions Judge (POCSO)-II, Allahabad in Sessions Trial No. 201 of 2022 (State Vs. Surjeet Singh Gautam), arising out of Case Crime No.77 of 2022, under Sections 363, 366, 376, 506, 120-B IPC and Section 3, 4 POCSO Act, Police Station Ghoorpur, District Allahabad. 3. After arguing at some length, learned counsel for the applicant submits that the prayer made above is not being pressed and the applicant is willing to appear before the trial Court and a direction may be made to the trial Court to consider his application for recall/ cancellation of Non-Bailable Warrant or for bail application of applicant expeditiously in accordance with law laid down in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922. 4. In view of aforesaid, it is directed that in case, applicant appears/ surrenders before the court below within a period of four weeks from today and applies for recall/ cancellation of Non-Bailable Warrant or for bail, the same shall be considered and decided expeditiously, in accordance with settled law. For a period of four weeks from today or till applicant appears/ surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against applicant. 5. With the aforesaid observations, the application U/S 528 BNSS is disposed of. September 25, 2025 RKM Versus Counsel for Applicant(s) : Rahul Yadav, Vinod Kumar Counsel for Opposite Party(s) : G.A. (Jitendra Kumar Sinha,J.) Surjeet Singh Gautam .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad