Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35845 of 2026 Along with :
1. Application U/s 482 No. 29918 of 2023: Rajesh Mani Tripathi Versus State of U.P. and another Court No. - 76 HON'BLE SAMIT GOPAL, J.
1. List revised.
2. These two matters are connected together in compliance of the order dated 08.09.2026 passed in Application U/S 528 BNSS No.35845 of 2026, Rajesh Mani Tripathi vs. State of U.P. and another.
3. Heard Sri Surendra Bahadur Singh, Advocate, holding brief of Sri Sanjay Kumar Pandey, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the record.
Order on Application U/S 528 BNSS No. 35845 of 2026
4. This application under Section 528 BNSS has been filed by the applicant with the following prayers:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the order dated 30.07.2026 passed by C.J.M. Sant Kabir Nagar in Case No.5549 of 2023 Sarkar Versus Rajesh Mani Tripathi in pursuance of Case Crime No.29 of 2023 under section 376, Versus Counsel for Applicant(s) : Indresh Kumar, Sanjay Kumar Pandey, Tribhal Chandra Sharma, Ved Prakash Shukla Counsel for Opposite Party(s) : G.A. Rajesh Mani Tripathi .....Applicant(s) State of U.P. and another .....Opposite Party(s)
506 I.P.C. Police Station Kotwali Khalilabad District Sant Kabir Nagar. It is further prayed that this Hon'ble Court may kindlyb e pleased to stay the order dated 30.07.2026 passed by Chief Judicial Magistrate, Sant Kabir Nagar in Case No.5549 of 2023 Sarkar Versus Rajesh Mani Tripathi in pursuance of Case Crime No.29 of 2023 under section 376, 506 I.P.C. Police Station Kotwali Khalilabad District Sant Kabir Nagar and or further prayed the concerned court release of applicant on personal bond in the light of Smt. Bacchi Devi Versus State of U.P. and others during the pendency of aforesaid Criminal Application before this Hon'ble Court, And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case."
5. Learned counsel for the applicant submits that the present petition be dismissed as not pressed. Prayer is allowed.
6. Accordingly, the present application is dismissed as not pressed.
7. Pending application(s), if any, shall stand disposed of.
Order on Application U/S 482 No. 29918 of 2023
8. This application under 482 Cr.P.C. has been filed by the applicant with the following prayers:-
"It is, therefore, MOST RESPECTFULLY prayed that this Hon'ble Court may graciously be pleased to allow this application and quash entire proceeding of Criminal Case No. 5549 of 2023 (State Versus Rajesh Mani Tripathi) cognizance order dated 17.04.2023 of charge sheet dated 22.03.2023 arising out of Case Crime No. 0029 of 2023, Under Section 376, 406, 417, 418, 420, 506 I.P.C., Police Station Khalilabad, District Sant Kabir Nagar. It is further prayed that this Hon'ble Court may graciously be pleased to stay further proceeding of Criminal Case No. 5549 of 2023 (State Versus Rajesh Mani Tripathi) cognizance order dated 17.04.2023 of charge sheet dated 22.03.2023 under Section 376, 506 1.P.C. arising out of Case Crime No. 0029 of 2023, Under Section 376, 406, 417, 418, 420, 506 I.P.C., NA528 No. 35845 of 2026 2
Police Station Khalilabad, District Sant Kabir Nagar pending in the court of Chief Judicial Magistrate, Sant Kabir Nagar, otherwise the applicant shall suffer irreparable loss and injury. And/or to pass such other and further orders as this Hon'ble Court deems fit and proper."
9. At the very outset, learned counsel for the applicant states that he does not want to press the prayers made in the present petition on merits and submits that the purpose of the applicant would suffice if an order is passed directing the trial court to decide the bail application of the applicant, as expeditiously as possible.
10. Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicant.
11. In view of the above, the prayer as prayed for is dismissed as not pressed.
12. In view of the peculiar facts and circumstances of the case and looking to the limited prayer of learned counsel for the applicant, it is
directed that if the accused-applicant surrenders before the trial court concerned on or before 09.10.2026 and applies for bail, the same shall be considered and decided expeditiously in accordance with law.
13. The present application is disposed of.
14. Pending application(s), if any, stand disposed of.
15. Records do not show passing of any interim order in favour of the applicant. Further the order sheet of the matters shows that this matter was listed twice before the Court i.e. 17.08.2023 and 16.10.2023 and on 17.08.2023 the matter was requested to be adjourned by learned counsel for the applicant whereas on 16.10.2023 there was no appearance on behalf of the applicant even in the revised list. September 23, 2026 Naresh NA528 No. 35845 of 2026 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad