Allahabad High Court
Smt. Vinod Kumari And Another vs State Of U.P. on 28 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:188225
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38997 of 2025
Smt. Vinod Kumari And Another
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s)
:
Thakur Prasad Dubey
Counsel for Opposite Party(s)
:
G.A.
Court No. - 81
HON'BLE AVNISH SAXENA, J.
1. Sri Thakur Prasad Dubey, learned counsel appears for applicant no.2 (accused) and submits that he has arrayed the victim/wife of applicant no.2 as applicant no.1. He prays that he may be permitted to delete the name of applicant no.1 from the array of the parties.
2. His prayer is allowed. He is permitted to delete the name of applicant no.1 from the array of the parties during course of the day.
3. It is submitted that father of victim, namely, Srichand, has lodged the F.I.R. for enticement in the year 1994 against the applicant-Rohtash and three other members of his family. The other family members have faced trial and were acquitted by the judgment and order dated 03.02.1997 passed by the court of Additional Sessions Judge-XI, Moradabad in Sessions Trial No. 872 of 1995 (State Versus Chhatar Singh and others) arising out of Case Crime No.51 of 1994 under Sections 366, 368 and 376 I.P.C., Police Station Mandi Dhanaura, District Moradabad. The accused-applicant could not appear in the trial and moved an Application under Section 482 Cr.P.C. No.3271 of 1999, wherein this Court has granted interim order on 18.08.1999. The application under Section 482 Cr.P.C. was dismissed in default sometime in the year 2023. The documents could not be procured pertaining to the application Section 482 Cr.P.C. It is thereafter that the trial court has started issuing processes. The accused-applicant is before the Court to challenge non-bailable warrant, apprehending arrest.
4. Learned A.G.A. appears for the State and opposed the application.
5. This Court has taken into consideration the arguments made by the parties and perused the record.
6. The matter is of year 1994. The informant/father has passed away and the victim deposed before the Court and turned hostile, which resulted into acquittal of other co-accused. The accused-applicant, who is one of the accused and has not faced trial till date, is before the Court and is ready to face trial but apprehends arrest in a case where accused-applicant and victim are enjoying marital life since 1994, having children who are settled in life. It is in these circumstances that the accused-applicant is seeking quashing of Non-Bailable Warrant issued by the trial court in Case No.5661 of 2016 (State Versus Rohtash) arising out of Case Crime No.51 of 1994 under Sections 363, 366, 368 and 376 I.P.C., Police Station Mandi Dhanaura, District Moradabad.
7. This Court is of the view that the applicant may not be arrested for 30 days from today subject to his appearance before trial court to move NBW recall application or bail application as the case may be. The trial court shall dispose of application(s) within 7 days from the date of production of a certified copy of this order, in the light of the fact that the victim is wife of the accused-applicant; the informant has passed away; and trial of other co-accused ended in acquittal.
8. The trial court is further requested to consider to release the accused-applicant on interim bail during disposal of bail application.
9. The application under Section 528 B.N.S.S. is, allowed, accordingly.
(Avnish Saxena,J.)
October 28, 2025
MN/-
