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2025 DAILYLAW 98394 (ALL)

MAN SINGH AND ANOTHER v. State of U.P. AND ANOTHER

NA528/31924/2024 · 2025-01-02

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:1749 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 31924 of 2024 Applicant :- Man Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitin Raj Singh,Raj Singh Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J. 1. Heard learned counsel for the applicants as well as learned A.G.A. for the State respondent. 2. The applicants have invoked the inherent jurisdiction of this Court under Section 528 of B.N.S.S. seeking direction to the Additional Chief Judicial Magistrate III, Mathura for deciding the bail application of applicants in case no. 2007/12 (State Vs. Man Singh and Others) arising out of Case Crime No. 75 of 2012 under Section 379, 504 and 506 I.P.C. Police Station Raya, District- Mathura. 3. It is submitted that previously applicants were enlarged on bail, however, at subsequent stage, they could not appear before the court below for want of proper knowledge which led to issuance of non-bailable warrant against them. It is submitted that present applicants are ready and willing to appear before the court below to cooperate in the trial. They have never intended to avoid the court proceedings, as such, some interim protection may be granted so that they may appear before the court below and participate in the court proceedings. 4. Learned A.G.A. has no objection in case protection is granted to the present applicants to enable them to appear before the court below to participate in the court proceedings. 5. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction that in case present applicants appear/surrender and move bail application before the court below within a period of three weeks from today, same shall be considered and decided in accordance with law, expeditiously, preferably within a period of three weeks thereafter. 6. For a period of six weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the present applicants in aforesaid criminal case. 7. As per observation made above, instant application is disposed of. Order Date :- 3.1.2025 vinay/Sumit K. Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad