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2025 DAILYLAW 92581 (ALL)

AJAY RAI v. STATE OF U.P. AND ANOTHER

NA528/35410/2025 · 2025-09-15

Dinesh Pathak

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35410 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard learned counsel for the applicant and the learned A.G.A. 2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding including Non Bailable Warrant dated 02.07.2025 in Complaint Case No. 159 of 2021 (Shyam Badan Vs. Suraj and others), under Sections 452, 323, 504, 506 I.P.C. and 3(1)(द), (ध) SC/ST Act, Police Station- Bansgaon, District- Gorakhpur, pending in the court of Additional District Judge SC/ST Act, Gorakhpur. 3. It is submitted by the learned counsel for the applicant that previously the applicant was enlarged on interim bail vide order dated 19.3.2024 till 9.4.2024; however, on 9.4.2024 he could not appear before the court below because of sad demise of his father. The death certificate has been attached as Annexure no.3 to the application. Consequently, a non-bailable warrant has been issued on 4.6.2024. It is further submitted that the applicant is ready and willing to cooperate with the court proceedings provided some protection may be accorded to him to appear before the court concerned and participate in the court proceedings. 4. Learned A.G.A. has no objection in case protection is granted to the present applicant to enable him to appear before the court below to participate in the court proceedings. 5. In this conspectus as above, no useful purpose would be served to keep this application pending, therefore, this Court deems it appropriate to decide the instant application finally, without entering into the merits of the case as Versus Counsel for Applicant(s) : Anurag Rai Counsel for Opposite Party(s) : G.A. Ajay Rai .....Applicant(s) State of U.P. and Another .....Opposite Party(s) averred in the instant application, with a direction that, in case, the present applicant appears/surrenders before the court concerned along with a certified copy of this order and move bail application within three weeks from today, same shall be considered and decided by the court concerned within a period of three weeks thereafter. 6. For a period of six weeks or till the disposal of bail application, whichever is earlier, no coercive action shall be taken against the present applicant in the aforementioned case. 7. With the aforesaid observation/direction, the instant application is finally disposed off. September 16, 2025 vkg NA528 No. 35410 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad