RESHAM PAL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/36498/2025 · 2025-09-21
Avnish Saxena
body2025
DailyLaw.ai
[ 2025 DAILYLAW 99425 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 99425 (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. - 36498 of 2025 Court No. - 79 HON'BLE AVNISH SAXENA, J.
1. Sri Shubham Jadaun, learned Advocate holding the brief on behalf of the applicants appears and submits that the accused applicant has been falsely implicated in the case by the informant. During investigation the accused applicants have not been arrested. After submission of charge sheet no summons have been served on the applicants due to which, the case, which is pending since 2008 was not within the knowledge of the accused-applicant. The accused-applicant are ready to face the trial but seeks protection of this Court.
2. Learned AGA for the State is present.
3. There is no point of issuing notice to the opposite party.
4. The application is disposed of.
5. At this juncture, learned counsel prayed that the interest of the applicants may be protected till he files the bail application, hence, the accused-applicants shall not be arrested for a period of 30 days. Prior to expiry of the aforesaid period, they should appear before the trial court and apply for bail. The bail application is to be disposed of considering the principles of law enumerated in the cases of Siddharth Vs. State of U.P. reported in (2022) 1 SCC 676, Satender Kumar Antil Vs. C.B.I. reported in (2022) 10 SCC 51 and Aman Preet Singh Vs. C.B.I. reported in (2022) 13 SCC 764, that deals with the requirement of arrest of the accused-applicant who has not been arrested during investigation. Versus Counsel for Applicant(s) : Saurabh Tripathi, Sohit Prakash Sharma Counsel for Opposite Party(s) : G.A. Resham Pal And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
7. The trial court before disposal of bail application, shall also consider the release of applicants on interim bail. September 22, 2025/ Abhishek Sri. NA528 No. 36498 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad