Disposed¶17

Mantu Alias Ajay v. State of U.P. and Another

Allahabad HC24 Sept 2025NA528/28351/2025

Case brief

AI extract

What is this about?

S. 528 BNSS application disposed of; quashing of NBW dated 15.5.2025 and stay of proceedings not pressed; surrender/appearance ordered within four weeks; no coercive action till surrender; bail application to be disposed expeditiously in accordance with law; Allahabad High Court, single bench (Jitendra Kumar Sinha, J.); Special Session Trial No. 57 of 2010; Case Crime No. 514 of 2009; sections 394, 302 IPC; P.S. Aligarh, District Etah.

What did the court decide?

Applicant to surrender/appear before the concerned court within four weeks; no coercive action during that period or until surrender, whichever is earlier; any bail application to be disposed of expeditiously by the learned trial court in accordance with law; prayers to quash the NBW order and stay proceedings were not pressed and the application was disposed of. ¶17

Mantu Alias Ajay Vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order of non-bailable warrants dated 15.5.2025 passed by Special Judg (D.A.A.)/Additional Sessions Judge/Additional District Judge, Etah should be quashed and further proceedings of Special Session Trial No. 57 of 2010 stayed (prayers ultimately not pressed by counsel). +1 more

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Ratio / Principle

Considering the alternative prayer made by counsel for the applicant, the applicant was directed to surrender/appear before the concerned court within four weeks from the date of the order.

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Key takeaways

In case the applicant applies for bail, the bail application shall be disposed of expeditiously by the learned trial court in accordance with law.ratio¶15
No coercive action shall be taken against the applicant for the period of four weeks from the date of the order or till the time of his surrender before the learned trial court, whichever is earlier.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J.), September 25, 2025 — APPLICATION U/S 528 BNSS No. - 28351 of 2025, Mantu Alias Ajay v. State of U.P. and Another: Counsel did not press the prayers to quash the non-bailable warrant order dated 15.5.2025 passed by Special Judg (D.A.A.)/ASJ/ADJ, Etah in Special Session Trial No. 57 of 2010 (Case Crime No. 514 of 2009, sections 394, 302 IPC, P.S. Aligarh, District Etah), nor the prayer to stay proceedings, and confined the prayer to surrender and expedited bail consideration, to which the A.G.A. raised no objection. The court directed the applicant to surrender/appear within four weeks, held that no coercive action would be taken meanwhile (or until surrender, whichever earlier), and directed expeditious disposal of any bail application in accordance with law; the application stands disposed of.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 28351 of 2025

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Mantu Alias Ajay

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.....Applicant(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Shailendra Kumar Tripathi
Counsel for Opposite Party(s)	: G.A.

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Court No. - 89

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HON'BLE JITENDRA KUMAR SINHA, J.

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Heard Mr. Abhinav Dwivedi holding brief of Sri Shailendra Kumar Tripathi, learned counsel for the applicant and Sri Ashish Kumar Tripathi, learned AGA for the State and perused the record.

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Instant application has been filed with the prayer to quash the order of non-bailable warrants dated 15.5.2025 passed by Special Judg (D.A.A.)/Additional Sessions Judge/Additional District Judge, Etah in Special Session Trial No. 57 of 2010 arising out of Case Crime No. 514 of 2009, under sections 394, 302 IPC, P.S. Aligarh, District Etah. It is also prayed to stay the further proceeding of aforesaid case during pendency of present application.

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At the very outset, learned counsel for the applicant has made a statement at the bar that he does not want to press the prayers made in the prayer clause and has confined his prayer only to the relief that the applicant is ready to surrender before the learned trial court and in case, applicant file an application for recall/cancellation of NBW or grant for bail, his bail application be considered and disposed of in accordance with law.

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Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to surrender before the concerned court, he has no objection.

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In view of the above, considering the aforesaid alternative prayer made by

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NA528 No. 28351 of 2025

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learned counsel for the applicant, it is directed that the applicant shall surrender/appear before the concerned court within four weeks from today and in case they apply for bail, the bail application of the applicant shall be disposed of expeditiously by the learned trial court in accordance with law

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For the period of four weeks from today or till the time of surrender of the applicant before the learned trial court, whichever is earlier, no coercive action shall be taken against him.

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With the above observations and directions, this application is disposed of.

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(Jitendra Kumar Sinha,J.)

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September 25, 2025 SY

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

Mantu Alias Ajay v. State of U.P. and Another

Case brief

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Mantu Alias Ajay v. State of U.P. and Another

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