Uma Shankar vs State Of U.P. And Another
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Allahabad High Court

Uma Shankar vs State Of U.P. And Another on 12 March, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:36677
 
Court No. - 75
 

 
Case :- APPLICATION U/S 528 BNSS No. - 8252 of 2025
 

 
Applicant :- Uma Shankar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anil Kumar Dubey,Ram Milan Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Amit Kumar Dubey, learned counsel for the applicant and Sri Rahul Pandey, learned brief holder for the State are present.

The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 18.1.2025 passed by Special Judge (POCSO) Act/Additional Sessions Judge, Mahoba in Special Case No. 37 of 2023, arising out of case crime No. 141 of 2022, under Sections 363, 366, I.P.C., Police Station Mahobkanth, District Mahoba, whereby Non Bailable Warrant has been issued against the applicant.

Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard. It is further submitted that the applicant was on bail at the time of issuing of Non-Bailable Warrant.

Learned A.G.A. has opposed the application.

Considering submissions of learned counsel and perusing record, the instant application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 is finally disposed of with a direction that in case applicant appears before the court below within four weeks from today and applies for bail/recall of non bailable warrant, his application shall be shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.

For a period of four weeks from today or till applicant appears before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance.

Order Date :- 12.3.2025

T. Sinha