Bijendra @ Pappu vs State Of U.P. And Another
2025 Latest Caselaw 6199 ALL

Allahabad High Court

Bijendra @ Pappu vs State Of U.P. And Another on 18 March, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:38527
 
Court No. - 72
 

 
Case :- APPLICATION U/S 528 BNSS No. - 5537 of 2025
 

 
Applicant :- Bijendra @ Pappu
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ajay Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Ajay Kumar, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present.

The present application under Section 528 of B.N.S.S. has been filed to quash the entire proceedings of Special Case No. 871 of 2019 (State vs. Vijay Singh @ Mama and others), arising out of Case Crime No. 249 of 2019, under Sections 392, 411 of I.P.C., P.S. Bah, District Agra, as well as cognizance/summoning order dated 21.12.2019 and order dated 17.05.2022 by which non bailable warrant has been issued against the applicant, pending in the court of Special Judge (D.A.A.), Additional Sessions Judge, Court No. 3, Agra.

Learned counsel for the applicant submits that applicant was on bail prior to issuing non bailable warrant. It is further submitted that the impugned order has been passed by the court without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant, direct N.B.W. has been issued.

Learned counsel for the applicant further submitted 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 order of the non-bailable warrant has been passed without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court.

Learned A.G.A. as well as learned counsel for the opposite party No. 2 have opposed the application.

Considering submissions of learned counsel and perusing record, the instant application u/s 528 of B.N.S.S. is finally disposed of with a direction that in case applicant appears before the court below within three weeks from today and applies for bail/recall of non bailable warrant, his application 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 three weeks from today or till applicant appears before the court below, whichever is earlier, execution of non bailable warrant against the applicant shall be kept in abeyance.

Order Date :- 18.3.2025

A.P. Pandey