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2026 DAILYLAW 14735 (ALL)

VISHAL RAJBHAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/43034/2026 · 2026-10-05

Samit Gopal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 43034 of 2026 Court No. - 74 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Mahendra Prasad, learned counsel for the applicants and Sri Bade Lal Bind, learned counsel for the State and perused the records. 3. The present application under Section 528 B.N.S.S. has been filed by the applicants- Vishal Rajbhar and Manish Rajbhar, with the prayer to allow the present application and quash the entire proceeding as well as impugned Non-Bailable Warrant dated 28.07.2026 in Session Case No. 761 of 2023 (State of U.P. Vs. Vishal Rajbhar and another) arising out of Case Crime No. 75 of 2023, under Sections 323, 325, 504, 506 I.P.C. and Section 3(1)(r), 3(1)(s), 3(2)(va) SC/ST Act, Police Station Nagra, District Ballia, pending in the Court of Special Judge (SC/ST Act), Ballia, with a further prayer that proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application. 4. After arguments on merits at length, learned counsel for the applicants states that he does not want to press the prayer for quashing of the proceedings. He states that the purpose of the applicants would be served if they are permitted to appear before the trial court within a period of two weeks from today and file a regular bail application. 5. Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants. 6. In view of the above, the prayer for quashing of proceedings is dismissed as not pressed. Versus Counsel for Applicant(s) : Mahendra Prasad Counsel for Opposite Party(s) : G.A. Vishal Rajbhar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. However, in view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicants it is directed that if the accused-applicants appear and apply for bail before the court concerned by 26th October 2026 or earlier, the same shall be considered and decided in accordance with law. 8. Further if the applicants fail to appear by 26th October 2026 or before the court concerned to file a bail application, the trial court shall proceed against them in accordance with law. 9. The present application is disposed of. October 6, 2026 AS Rathore NA528 No. 43034 of 2026 2 (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad