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2025 DAILYLAW 95024 (ALL)

ANAS AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/34927/2025 · 2025-09-18

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34927 of 2025 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Sri Umair Mahmood, learned counsel for the applicants as well as learned A.G.A. for the State of U.P. and Sri Lal Bahadur Yadav, learned counsel appearing for opposite party no. 2. 2. It has been submitted by learned counsel for the applicant that applicant is accused in first information report being Case Crime No. 0219 of 2024, under Sections 147, 148, 302, 34, 323, 504, 506 IPC, Police Station - Nehtaur, District - Bijnaur. Without addressing the merits of the case, it has been submitted by learned counsel for the applicant that the matter has been investigated and charge sheet has been filed in the Court of competent jurisdiction against the applicant from the Court of Chief Judicial Magistrate, Bijnor in Criminal Case No. nil of 2024 - State Vs. Faheem. 3. It has been submitted by learned counsel for the applicant that in order to secure presence of applicant in the trial, NBW has also been issued by the trial Court. Learned counsel for the applicants after arguing the matter up to some length, submits that he confines his Versus Counsel for Applicant(s) : Umair Mahmood Counsel for Opposite Party(s): G.A., Shantanu Srivastava Anas And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) prayer only for suitable direction from this Court so as to enable the applicants to appear before the trial Court and join the trial proceedings. 4. Learned counsel for the opposite parties do not oppose the innocuous prayer made by learned counsel for the applicants. 5. Accordingly, present application is disposed of with liberty to the applicants to appear before the trial Court within next ten days. In case applicants appear before the trial Court within the stipulated time period, and move appropriate application for surrender, the trial Court shall consider the same and pass necessary orders there upon, in accordance with law. 6. It is provided that for the next ten days from today, no coercive steps shall be taken against applicants in pursuance to the orders passed by the Chief Judicial Magistrate, Bijnor in Criminal Case No. nil of 2024 - State Vs. Faheem, arising out of Case Crime No. 0219 of 2024, under Sections 147, 148, 302, 34, 323, 504, 506 IPC, Police Station - Nehtaur, District - Bijnaur, or any other coercive process resorted to secure present of applicants in the said trial. 7. It is further provided that in case applicants do not appear before the trial Court within the time provided by this Court, benefit of this order shall not be available to them. It is further made clear that on applicants surrender before the trial Court, the trial Court shall be at liberty to pass appropriate orders, in accordance with law. September 19, 2025 A. Verma NA528 No. 34927 of 2025 2 (Alok Mathur,J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad