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

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

What the court decided

AI extract

Outcome

Although the Section 528 application is dismissed, the applicant is protected from arrest for 30 days, within which he must appear before the trial court and apply for bail; the bail application is to be disposed of on the principles of Siddharth (2022) 1 SCC 676, Satender Kumar Antil (2022) 10 SCC 51 and Aman Preet Singh (2022) 13 SCC 764, and the trial court is directed to consider interim bail before its disposal.

Issue for consideration

Whether the applicant, who has evaded arrest and has not appeared since the 2010 charge sheet, is entitled to any relief under Section 528 against the non-bailable warrants issued against him. +1 more

Court's answer

The application under Section 528 is dismissed as devoid of merit because the applicant is evading arrest.

Ratio / Principle

Interim relief granted notwithstanding dismissal: the accused-applicant shall not be arrested for a period of 30 days, and prior to expiry of that period he should appear before the trial court and apply for bail within 30 days from the date of the order; the bail application is to be disposed of considering the principles of law enumerated in Siddharth Vs. State of U.P. (2022) 1 SCC 676, Satender Kumar Antil Vs. C.B.I. (2022) 10 SCC 51 and Aman Preet Singh Vs. C.B.I. (2022) 13 SCC 764, viz. that the accused-applicant has not been arrested during investigation.

Key takeaways

The trial court, before disposal of the bail application, shall consider the release of the applicant on interim bail.ratio¶¶13

Detailed headnote1 paragraphs

Allahabad High Court (Avnish Saxena, J.; Order dt. 13.8.2025) dismisses Suresh Kushwaha's Application U/S 528 BNSS No. 23362 of 2025 (cited in the body as an application under 'Section 528 Cr.P.C.') seeking relief against non-bailable warrants. The applicant had earlier obtained an interim stay of arrest from the Division Bench in Criminal Misc. Writ Petition No. 12142 of 2010 (Case Crime No. 142 of 2010, Sections 363, 366 I.P.C., Police Station Kotwali Mahoba, District Mahoba), yet after the charge sheet submitted in 2010 he never appeared in trial and a non-bailable warrant was issued. Holding there is 'no merit' as the applicant is evading arrest, the court dismissed the application. On counsel's eleventh-hour prayer, however, the applicant was shielded from arrest for 30 days, within which he must appear before the trial court and apply for bail; the bail application is to be disposed of on the principles laid down in Siddharth Vs. State of U.P. (2022) 1 SCC 676, Satender Kumar Antil Vs. C.B.I. (2022) 10 SCC 51 and Aman Preet Singh Vs. C.B.I. (2022) 13 SCC 764 (premised on the accused not having been arrested during investigation), and the trial court is directed to consider releasing the applicant on interim bail before disposal.

Neutral Citation No. - 2025:AHC:137378

Court No. - 79

Case :- APPLICATION U/S 528 BNSS No. - 23362 of 2025

Applicant :- Suresh Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Prakash Rathor Counsel for Opposite Party :- G.A.

Hon'ble Avnish Saxena,J.

Heard Sri Satya Prakash Rathor, learned counsel for the applicant and learned A.G.A. for the State.

Learned counsel for the applicant submits that the matter under challenge in the present application under Section 528 Cr.P.C. is the non-bailable warrants issued against the accused, initially the Division Bench of this Court in Criminal Misc. Writ Petition No.12142 of 2010 (Suresh Kushwaha and another Vs. State of U.P. and other) has granted the interim order that till the next date of listing, the arrest of accused, namely, Suresh Kushwaha and Smt. Laxmi in Case Crime No.142 of 2010, under Sections 363, 366 I.P.C., Police Station Kotwali Mahoba, District Mahoba, shall remain stayed. It is, thereafter, that the charge sheet has been submitted in the year 2010 and since then, the accused applicant did not appear in the trial of the case. The non-bailable warrant has been issued. The accused applicant has not appeared so far in the case.

Learned AGA accepts the notice for the State.

There is no point of issuing notice to the opposite party no.2.

There is no merit in the case as the applicant is evading arrest. Hence, the application u/s 528 is dismissed .

At this juncture, learned counsel prayed that the interest of the applicant may be protected till he files the bail application, hence, the accused-applicant shall not be arrested for a period of 30 days. Prior to expiry of the aforesaid period, he should appear before the trial court and apply for bail within 30 days from the date of this order. The bail application is to be disposed of considering the principles of law enumerated in the cases of Siddharth Vs. State of U.P. reported in (2022) 1 SCC 676, Satender Kumar Antil Vs. C.B.I. reported in (2022) 10 SCC 51 and Aman Preet Singh Vs. C.B.I. reported in (2022) 13 SCC 764 , that the accused-applicant has not been arrested

during investigation.

The trial court before disposal of bail application, shall consider the release of applicant on interim bail.

Order Date :- 13.8.2025 Shivangi

(Avnish Saxena, J.)

Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad