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2026 DAILYLAW 9481 (ALL)

RAJ KUMARI v. STATE OF U.P. AND ANOTHER

NA528/38719/2026 · 2026-09-20

Saurabh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38719 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. This matter is being taken up out of turn from the category of cases which have been mentioned in the morning on account of urgency. Heard learned counsel for parties. 2. This present application has been filed for seeking recall of NBW order dated 3.1.2026 as well as consequential order dated 5.6.2026 passed by learned Judicial Magistrate, Baberu, Banda in Case no. 1372/IX/2016 arising out of Case Crime no. 83 of 2016 under sections 420, 468 IPC, PS- Kamasin, District Banda. 3. On perusal of the narration of FIR as well as impugned NBW order, this Court does not find it to be a case where interference of this Court is required. No such ground appears to be available in the present application, on the basis of which, impugned NBW order along with entire proceeding, can be set aside. 4. Accordingly, the prayer sought through the instant application, is refused. 5. Lastly, learned counsel for the applicant has submitted that he relinquishes the prayer for quashment and wishes to surrender and move bail application before the trial court. 6. Learned AGA has no objection to the prayer so made. 7. Considering the above submissions and taking into consideration the facts and circumstances of the case, it is provided that in case the applicant Versus Counsel for Applicant(s) : Sanjay Pandey Counsel for Opposite Party(s) : G.A. Raj Kumari .....Applicant(s) State of U.P. and Another .....Opposite Party(s) surrenders in pursuance to NBW issued against him, before the court concerned within 15 days from today and thereafter move application for bail, if there is no other legal impediment before learned court concerned, the same shall be considered and disposed of in accordance with law laid down in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another (2022 SCC OnLine SC 825). 8. For a period of 15 days from today, no coercive action shall be taken against the applicant. 9. It is made clear that in the event no such application is moved within the time prescribed above, this order will be of no avail to the applicant. 10. With the above direction, the instant application stands disposed of. September 21, 2026 Shaswat NA528 No. 38719 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad