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2025 DAILYLAW 95483 (ALL)

TEJBALI SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/35018/2025 · 2025-09-18

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35018 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State-respondents and perused the material available on record. 2. The instant petition filed under Section 528 BNSS has been filed by the applicants with prayer to quash the order dated 20.08.2025, passed by learned Additional Civil Judge (Junior Division)/ Magistrate, Duddhi Sonbhadra in Case Crime No.0033 of 2022, under Sections 452, 323, 338, 504, 506, 427 IPC, Police Sstation Beejpur, District Sonbhadra. 3. Learned counsel for the applicants submitted that by the impugned order dated 20.08.2025 learned court below has issued NBW against the applicants in aforesaid case. 4. Learned counsel for the applicanst further submitted that offence relates of Section 452, 323, 504, 338, 506,427 IPC, which is punishable with maximum terms of seven years imprisonment. The injuries of injured Shweta Kumar and Arun Kumar are of simple nature. The applicants have been falsely been implicated in the case due to land dispute, the applicants had sought interim anticipatory bail during investigation, but same was not granted on technical grounds that offence is punishable with maximum terms of seven years of imprisonment, there was no apprehension of arrest. The police had not arrested the applicants during investigation, therefore, some direction may kindly be issued to the court below regarding bail and some interim protection will be granted to them in the meanwhile. Versus Counsel for Applicant(s) : Saurabh Pandey Counsel for Opposite Party(s) : G.A. Tejbali Singh And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. Per contra, learned A.G.A. raised no objection to the prayer made by the applicants. However, he submits that applicants will not file copy of the rejection of bail order in the record of this case. Offence is triable by Magistrate and punishable with maximum terms of seven years imprisonment, and there is no averment that they were arrested during investigation. 6. In view of the above, and for reasons stated above, the applicants are directed to appear before the court below within a month and move an application for bail, which shall be decided in accordance with law, in light of guidelines issued by Hon’ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773, and Siddharth Vs. State of U.P. 1994 (4) SCC 260. 7. For a period of one month, NBW issued against the applicants shall remain in abeyance. 8. With the aforesaid observation/direction the petition under Section 528 BNSS, stands disposed of. September 19, 2025 Ashish/- NA528 No. 35018 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad