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2025 DAILYLAW 94271 (ALL)

MANISH YADAV AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/36491/2025 · 2025-09-21

Avnish Saxena

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36491 of 2025 Court No. - 79 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Chandra Bhushan, learned Advocate holding brief of learned counsel for the applicants and learned A.G.A. for the State. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the counter blast case lodged by the opposite party no.2. There is property dispute between the parties. He has confined his arguments to 3rd relied and submits that during investigation, accused applicants have not been arrested. After submission of charge sheet, summons have not been served. It is, therefore, prayed by the learned counsel for the applicants that accused applicants, who are ready to face trial may not be arrested. 3. Learned AGA accepts the notice for the State. 4. There is no point in issuing notice to opposite party No.2. 5. The learned counsel prayed that the interest of the applicants may be protected till they file the bail application, hence, the accused-applicants shall not be arrested for a period of 30 days. Prior to expiry of the aforesaid period, they should appear before the trial court and apply for bail within 30 days from the date of this order. The bail application is to be disposed of considering the principles of law enumerated in the cases of Siddharth Vs. State of U.P. reported in (2022) 1 SCC 676, Satender Kumar Antil Vs. C.B.I. reported in (2022) 10 SCC 51 and Aman Preet Singh Vs. C.B.I. reported in (2022) 13 SCC 764, that the accused-applicants have not been arrested during investigation and their requirement to get arrested to face trial. 6. The applicants may also be considered for interim bail. 7. With the aforesaid directions, the Application U/s 528 B.N.S.S. is disposed of. September 22, 2025 Mini Versus Counsel for Applicant(s) : Ishan Deo Giri, Rajnish Chandra Pandey Counsel for Opposite Party(s) : G.A. (Avnish Saxena,J.) Manish Yadav And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad