Citation : 2025 Latest Caselaw 9018 ALL
Judgement Date : 15 April, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:54375 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 12398 of 2025 Applicant :- Sadanand Alias Sada And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Pandey,Vinay Bhushan Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Vinay Bhushan. Upadhyay, learned counsel for the applicants as well as Sri Abhishek Tripathi, learned A.G.A. for the State/O.P. No.1.
2. This is an application filed under Section 528 of the B.N.S.S. for quashing the entire proceedings of Criminal Case No.1591 of 2013 (State Vs. Sadanand @ Sada & others), under Sections 498A, 323, 506 IPC & Section 4 of the D.P. Act, Police Station Chandauli, District Chandaulli, pending in the court of Civil Judge (J.D.) (F.T.C. Ist), Chandauli as well as N.B.W. order dated 15.7.2022.
3. Learned counsel for the applicants has submitted that the applicants had earlier approached this Court while filing Application U/S 482 Cr.P.C. No.29336 of 2015 which came to be disposed of on 5.5.2016 requiring the applicants to approach the court below for enlargement on bail. He has further submitted that though the applicants were enlarged on bail, however, due to certain unavoidable circumstances beyond their control non bailable warrants have been issued on 15.7.2022.
4. Contention of the learned counsel for the applicants is that a time bound protection be accorded to them so as to surrender and to obtain bail in the light of the judgement in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021.
5. Learned A.G.A. has no objection to the same.
6. Considering the submissions so made across the bar, the application stands disposed of directing the applicants to appear before the court below and obtain bail in the light of the judgment in the case of Satender Kumar Antil (Supra) by 9th May, 2025.
7. Till 9.5.2025, no coercive action shall be taken against the applicants in the entire proceedings of Criminal Case No.1591 of 2013 (State Vs. Sadanand @ Sada & others), under Sections 498A, 323, 506 IPC & Section 4 of the D.P. Act, Police Station Chandauli, District Chandaulli, pending in the court of Civil Judge (J.D.) (F.T.C. Ist), Chandauli. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench.
Order Date :- 15.4.2025
piyush
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