GYANU ALIAS GYANENDRA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/36548/2025 · 2025-09-21
Avnish Saxena
body2025
DailyLaw.ai
[ 2025 DAILYLAW 99067 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 99067 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36548 of 2025 Court No. - 79 HON'BLE AVNISH SAXENA, J.
1. Sri Rohit Shukla, learned counsel for the accused applicants appears and submits that the present application has been moved by the accused applicants on being aggrieved by the issuance of non bailable warrant against them since the year 2021. Due to the Covid-19 Pandemic, physical presence of the accused applicants was not solicited and after opening of the Court, the accused applicants could not know the date of the case, which led to their non appearance. The accused applicants are apprehending arrest. Hence, seek interference of this Court.
2. Learned AGA is present for the State.
3. There is no point for issuance of notice to the opposite party no. 2.
4. Considering that the accused applicants have not appeared in the case since the Covid-19 Pandemic, the non bailable warrant have been issued.
5. There is no satisfaction of the Court on service of bailable warrant or summons.
6. At this juncture, learned counsel prayed that the interest of the Versus Counsel for Applicant(s) : Rohit Shukla Counsel for Opposite Party(s) : G.A. Gyanu Alias Gyanendra And Another .....Applicant(s) State Of U.P. And Another .....Opposite Party(s)
applicants may be protected till they file the NBW recall application or bail application, as the case may be, before the Court concern.
7. The applicants may not be arrested for 30 days from today during which period the applicants may move appropriate application before the trial court.
8. Request is made to the trial court to consider that the applicants were continuously appearing in the trial, being represented by a counsel. Further to consider the reason for his absence on the date fixed during their release on bail and pass an order sympathetically keeping in view that the applicants want to appear in trial, but successive jumping of bail is not to be ignored.
9. The trial court, as the case may be, while disposing the bail application, shall consider the release of applicants on interim bail.
10. The application is, accordingly disposed of. September 22, 2025 Arif NA528 No. 36548 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad