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2025 DAILYLAW 97982 (ALL)

MAHESH CHAND AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/36149/2025 · 2025-09-18

Raj Beer Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36149 of 2025 Court No. - 71 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for applicants and learned AGA for State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the instant application and quash the entire proceedings of Criminal Misc. Case No.541 of 2025 (State versus Mahesh Chand and another) under Section 446 Cr.P.C. along with impugned orders dated 28.8.2025 as well as 9.9.2025 passed by the learned Additional District and Sessions Judge, IV, Fast Track Court, Bulandshahr whereby he has issued adverse process for depositing the security amount against the applicants." 3. So far as impugned order dated 28.08.2025 is concerned, perusal of record shows that by that order merely an adjournment application has been allowed and thus it cannot be said that the same affects applicants adversely. This application regarding order dated 28.08.2025 is misconceived. 4. So far the order dated 09.09.2025 is concerned, it is submitted by learned counsel for applicants that applicants have stood surety for accused Anodh Sharma in Case Crime No.993 of 2021, under Sections 302, 404, 411 I.P.C., Police Station Sikandrabad, District Bulandshahr. During pendency of case, the said accused was arrested in some other case due to which he could not appear before the trial court. Learned trial court had initiated proceedings under Section 446 Cr.P.C. against applicants/ sureties but no notice was served upon applicants and no specific order for forfeiture of bail bonds has been made. It was submitted that on 28.08.2025, the applicants have produced the said accused Anodh Sharma before the trial court but despite Versus Counsel for Applicant(s) : Dharmendra Pratap Singh Counsel for Opposite Party(s) : G.A. Mahesh Chand And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) that a direction for realization of amount of surety bonds has been passed. It was submitted that applicant may be permitted to raise their objections before the trial court concerned. 5. In view of aforesaid, it is directed that in case applicants file their objections against proceedings under Section 446 Cr.P.C. within a period of three weeks from today, the same shall be considered and decided by the trial court concerned expeditiously in accordance with settled law. It is further directed that for a period of three weeks from today and in case such objections are filed by the applicants before the trial court concerned within the aforesaid period, till disposal of such objections, no coercive action shall be taken against applicants in the aforesaid case. 6. With the aforesaid observations, the application under Section 528 BNSS is disposed of. September 19, 2025 CS/- NA528 No. 36149 of 2025 2 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad