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

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

What the court decided

AI extract

Outcome

Application under Section 528 BNSS dismissed as withdrawn; liberty granted to the applicant to approach the court concerned for bail; no coercive action against the applicant for 15 days; any bail application preferred thereafter to be decided expeditiously without unnecessary adjournments.

Issue for consideration

Whether the application filed under Section 528 BNSS for quashing the impugned order dated 08.07.2025 (by which N.B.W./Section 82 proceedings were initiated against the applicant in the pending Meerut trial) should be allowed, withdrawn, or otherwise disposed of.

Court's answer

After counsel for the applicant stated he wished to withdraw the Section 528 BNSS application with liberty to file a bail application before the court below, and the learned AGA raised no objection, the Court dismissed the application as withdrawn with liberty to the applicant to approach the court concerned for bail.

Ratio / Principle

To enable the applicant to approach the court concerned for bail, no coercive action shall be taken against him for a period of 15 days.

Key takeaways

If the applicant prefers a bail application before the court concerned, that court shall decide it expeditiously without granting unnecessary adjournment to any party.ratio¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Vikram D. Chauhan, J.) — Application U/S 528 BNSS No. 33934 of 2025 (Bakar v. State of U.P. and Another). The application sought quashing of the order dated 08.07.2025 of the learned A.D.J/Additional Sessions Judge (POCSO), Court No. 1, Meerut, by which N.B.W./Section 82 proceedings had been initiated against the applicant in S.T. No. 2018 (State Vs. Rizwan), arising out of Case Crime No.700/2012 under Sections 395, 412 I.P.C., Police Station- Kankar Kheda, District- Meerut. After some argument, counsel for the applicant sought withdrawal with liberty to file a bail application before the court below; the learned AGA had no objection. The Court dismissed the application as withdrawn with liberty to approach the court concerned for bail, directed that no coercive action be taken against the applicant for a period of 15 days, and instructed that any bail application preferred be decided expeditiously without granting unnecessary adjournment to any party. Decision dated September 8, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 33934 of 2025

Bakar

	Versus	.....	Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	:	D.M.Tripathi, Rahul	Tiwari
Counsel for Opposite Party(s)	:	G.A.

Court No. - 76

HON'BLE VIKRAM D. CHAUHAN, J.

Heard learned counsel for the applicant and learned AGA for the State.

The present application has been filed by applicant for quashing the impugned order dated 08.07.2025 passed by learned A.D.J/Additional Sessions Judge (POCSO), Court No. 1, Meerut by which N.B.W./Section 82 proceedings has been initiated against applicant in S.T. No. 2018 (State Vs. Rizwan) arising out of Case Crime No.700/2012 under Sections 395, 412 I.P.C., Police Station- Kankar Kheda, District- Meerut, pending before learned A.D.J/Additional Sessions Judge (POCSO), Court No. 1, Meerut.

After some argument, learned counsel for the applicant states that he may be permitted to withdraw this application filed under Section 528 BNSS with liberty to file bail application before the court below.

Learned AGA has no objection to the prayer made by learned counsel for the applicant.

Under the circumstances, the present application under Section 528 BNSS is dismissed as withdrawn with liberty to applicant to approach the court concerned for bail. In order to enable the applicant to approach the court concerned for bail, for a period of 15 days, no coercive action shall be taken against the applicant. In case, the bail application is preferred by the applicant before the court concerned, the court concerned shall decide the same expeditiously without granting unnecessary adjournment to any

NA528 No. 33934 of 2025

2

party.

The application under Section 528 BNSS is dismissed as withdrawn with the aforesaid liberty and direction.

(Vikram D. Chauhan,J.)

September 8, 2025

D. Tamang

Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad