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2025 DAILYLAW 97841 (ALL)

KRISHNA KUMAR SINGH v. STATE OF U.P.

NA528/36471/2025 · 2025-09-21

Avnish Saxena

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36471 of 2025 Court No. - 79 HON'BLE AVNISH SAXENA, J. 1. Sri Vivek Kumar Srivastava, learned counsel for the applicant appears and submits that the matter pertains to committing of affray, under Section 160 IPC, which is of the year 2010. After submission of charge-sheet, the accused applicant, who is presently the resident of Ghaziabad was not aware about submission of charge-sheet. No summons or warrant has ever been served upon the accused applicant. Presently, the proceedings of non bailable warrant and warrant under Section 82 Cr.P.C. have been invoked. The accused applicant is having apprehension of getting arrested in view of the warrants issued by the Court. Hence, seeks interference of this Court. 2. Learned AGA is present for the State. 3. There is no point of issuing notice to the opposite party. 4. At this juncture, learned counsel prayed that the interest of the applicant may be protected till he files the NBW recall application or bail application, as the case may be, before the Court concern. 5. The applicant may not be arrested for 30 days from today during which period the applicant may move appropriate application before the trial court. 6. Request is made to the trial court to consider that the applicant was continuously appearing in the trial, being represented by a Versus Counsel for Applicant(s) : Shubham Kumar Dwiwedee, Vivek Kumar Srivastava Counsel for Opposite Party(s) : G.A. Krishna Kumar Singh .....Applicant(s) State of U.P. .....Opposite Party(s) counsel. Further to consider the reason for his absence on the date fixed during his release on bail and pass an order sympathetically keeping in view that the applicant wants to appear in trial, but successive jumping of bail is not to be ignored. 7. The trial court, as the case may be, while disposing the bail applicant, shall consider the release of applicant on interim bail. 8. The application is, accordingly disposed of. September 22, 2025 Arif NA528 No. 36471 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad