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2025 DAILYLAW 93293 (ALL)

AJAY ALIAS ANOOP YADAV AND ANOTHERS v. STATE OF U.P.

NA528/34345/2025 · 2025-09-09

Dinesh Pathak

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34345 of 2025 Court No. - 73 HON'BLE DINESH PATHAK, J. 1. Heard learned counsel for the applicants and learned AGA for the State- respondent. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding including Non Bailable Warrant dated 31.7.2025 in S.S.T. No.3625 of 2018 (State Vs. Vivek & others), arising out of Case Crime No.827 of 2017 under Sections 395, 397 of I.P.C. and 3(2)(va) S.C./S.T. Act, Police Station- Tundla, District- Firozabad, pending in the court of learned Special Judge S.C./S.T. Act, Firozabad. 3. It is submitted by the learned counsel for the applicants that previously the applicants were enlarged on bail by order dated 16.8.2018 and 9.8.2018 passed by coordinate Bench of this court in Criminal Appeal Nos.3793 of 2018 and 3388 of 2018 respectively. However, at subsequent stage, due to some personal reasons present applicants could not appear before the court below which led to issuance of non-bailable warrant against them. It is further submitted that applicants have never intended to avoid the court proceedings. It is further submitted that the applicants are ready and willing to cooperate with the court proceedings provided some protection may be accorded to them 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 applicants to enable them to appear before the court below to participate in the court proceedings. Versus Counsel for Applicant(s) : Kamlendra Singh Jadaun Counsel for Opposite Party(s) : G.A. Ajay Alias Anoop Yadav And Anothers .....Applicant(s) State of U.P. .....Opposite Party(s) 5. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose off the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction that in case present applicants appear/surrender and move bail application before the court below within a period of three weeks from today, same shall be considered and decided in accordance with law expeditiously, preferably within a period of three weeks thereafter. 6. 6. For a period of six weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicants in aforesaid criminal case. 7. As per observation made above, instant application is disposed off. September 10, 2025 vkg NA528 No. 34345 of 2025 2 (Dinesh Pathak,J.) Digitally signed by :- VINOD KUMAR GOSWAMI High Court of Judicature at Allahabad