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2026 DAILYLAW 2435 (ALL)

SAURABH AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

NA528/19412/2026 · 2026-05-11

Sanjay Kumar Pachori

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 19412 of 2026 Court No. - 76 HON'BLE SANJAY KUMAR PACHORI, J. Sri R.P.S. Chauhan, learned counsel for the applicants and Sri Abhishek Kumar, learned A.G.A. for the State are present. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 09.03.2026, whereby N.B.W. has been issued and the order dated 23.03.2026, by which the court concerned refused to accept the bail bond of the applicant in pursuance of the order dated 26.02.2026, which has been passed in Anticipatory Bail Application, arising out of Case Crime No. 459 of 2024, under Sections 333, 115(2), 74, 76, 352, 324(2), 351(2) of B.N.S. and Section 7/8 of POCSO Act, P.S. Katghar, District Moradabad granting anticipatory bail to the applicant. Learned counsel for the applicants submits that the impugned orders have been passed without considering the facts, circumstances and position of law. It is further submitted that Anticipatory Bail has been granted by Special Judge (POCSO Act), Court No. 2, Moradabad vide order dated 26.02.2026. The court concerned granted Anticipatory Bail to the applicant and prior to submitting the bail bond, issuance of order of N.B.W. is against the position of law and both the orders (granting anticipatory bail) are mentioned in the same order sheet. Learned A.G.A. has not denied the facts, circumstances of the case and position of law. There is no other point for consideration except issuance of N.B.W. after allowing the Anticipatory Bail Application. Due to this reason Versus Counsel for Applicant(s) : R.P.S. Chauhan Counsel for Opposite Party(s) : G.A. Saurabh And 2 Others .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) the opportunity of hearing to private opposite party no. 2 is dispensed with. The order dated 09.03.2026 is quashed and the concerned court is directed to accept the bail bonds of the present applicant within seven days from the date of filing of a certified copy of this order. Accordingly, this application is disposed of. May 12, 2026 MAA/- NA528 No. 19412 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad