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Allahabad High Court

Rahul Yadav Alias Arun Kumar vs State Of U.P. And Another on 4 September, 2025

Author: Dinesh Pathak

Bench: Dinesh Pathak





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:156066
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 33809 of 2025   
 
   Rahul Yadav Alias Arun Kumar    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Ashok Kumar Yadav   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 73
 
   
 
 HON'BLE DINESH PATHAK, J.       

1. Heard learned counsel for the applicant, learned AGA and perused the record.

2. The applicant has invoked the inherent jurisdiction of this Court under Section 528 BNSS for quashing the entire proceeding including Non Bailable Warrant dated 25.7.2024 in Complaint Case No. 21 of 2023 under Sections 504, 506 I.P.C. and Section 3 (2)(va) SC/ST Act, Police Station - Phoolpur, District- Prayagraj, pending in the court of Special Judge (SC/ST Act), Prayagraj.

3. After due deliberation at length, learned counsel for the applicant states that previously he has been granted time to move a bail application vide order dated 18.3.2024 passed by this court in Criminal Appeal No.9662 of 2023 (Dharmendra Kumar and 7 others Vs. State of U.P. and another). However, due to some personal difficulties he could not appear before the court below and move bail application which is deeply regretted. It is next submitted that applicant has never intended to avoid the court proceedings. It is further submitted that the applicant is ready and willing to cooperate with the court proceedings provided some protection may be accorded to him to appear before the court concerned and participate in the court proceedings.

4. Learned A.G.A. has no objection in case protection is granted to the present applicant to enable him to appear before the court below to participate in the court proceedings.

5. In this conspectus as above, no useful purpose would be served to keep this application pending, therefore, this Court deems it appropriate to decide the instant application finally, without entering into the merits of the case as averred in the instant application, with a direction that, in case, the present applicant appears/surrenders before the court concerned along with a certified copy of this order and move bail application within three weeks from today, same shall be considered and decided by the court concerned within a period of three weeks thereafter.

6. For a period of six weeks or till the disposal of bail application, whichever is earlier, no coercive action shall be taken against the present applicant in the aforementioned case.

7. With the aforesaid observation/direction, the instant application is finally disposed off.

(Dinesh Pathak,J.) September 4, 2025 vkg