Disposed¶11

Dharmendra Kumar and Another v. State of U.P. and Another

Allahabad HC6 Apr 2025NA528/11066/2025

Case brief

AI extract

What is this about?

Section 528 BNSS application; non-bailable warrants (NBW); interim protection; no coercive action; surrender before Trial Court; bail; cancellation of warrants; expeditious disposal; Devnath Vs. Ramnath; Case No. 530 of 2002; Sections 504, 506, 427 IPC; Chakiya, Chandauli; Dharmendra Kumar; Raj Beer Singh, J.; 2025:AHC:49384; Allahabad High Court.

What did the court decide?

Interim protection: for two weeks, or till the applicants appear before the Trial Court, whichever is earlier, no coercive action to be taken against them; upon appearance/surrender within two weeks and application for bail / cancellation of warrants, such applications to be considered and decided expeditiously in accordance with law. ¶11

Dharmendra Kumar and Another Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶11

Issue for consideration

Whether the applicants, having indicated that the original prayer was not being pressed and that they were willing to appear before the Trial Court, should be directed to appear/surrender and have their applications for bail / cancellation of warrants considered and decided expeditiously. +1 more

¶8

Court's answer

The Court directed that in case the applicants appear / surrender before the Trial Court concerned within a period of two weeks and apply for bail / cancellation of warrants, such course is open to them.

¶9

Ratio / Principle

Upon such appearance/surrender and application, the applicants' applications for bail / cancellation of warrants shall be considered and decided expeditiously in accordance with law.

¶9

Key takeaways

For a period of two weeks, or till the applicants appear before the Trial Court, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Raj Beer Singh, J.; Order Date 7.4.2025; Neutral Citation 2025:AHC:49384) finally disposed of Application U/S 528 BNSS No. 11066 of 2025 by Dharmendra Kumar and another against the State of U.P. and another. The application had been preferred against non-bailable warrants issued by order dated 05.12.2022 of the learned Additional Civil Judge (J.D.)/J.M., Chakiya, Chandauli, in Case No. 530 of 2002 (Devnath Vs. Ramnath and Others), under Sections 504, 506, 427 I.P.C., Police Station Baburi, District Chandauli. Learned counsel submitted that the prayer was not being pressed, that the applicants (earlier on bail) were willing to appear before the Trial Court, and sought expeditious decision of their bail / warrant-cancellation applications with interim protection. Directing the applicants to appear / surrender within two weeks and apply for bail / cancellation of warrants, the Court ordered such applications to be considered and decided expeditiously in accordance with law, and that for two weeks — or till appearance, whichever is earlier — no coercive action be taken against the applicants.

Dharmendra Kumar and Another v. State of U.P. and Another

Case brief

What is this about?

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Dharmendra Kumar and Another v. State of U.P. and Another

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