Disposed

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

Allahabad HC8 Sept 2025NA528/33957/2025

Case brief

AI extract

What is this about?

Application under Section 528 BNSS to stay N.B.W. and prevent coercive action was refused as no prima facie case was made out. However, the Court directed the trial court to dispose of the bail application expeditiously within 30 days and stayed coercive action against the applicant during that period.

What did the court decide?

Application refused; coercive action stayed for 30 days pending bail application; bail to be disposed of expeditiously.

Vinod Kumar vs State of U.P. and Another — Bail and Remand | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 33957 of 2025

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Vinod Kumar

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.....Applicant(s)

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	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Madan Pal Singh Visen, Piyush Pandey : G.A.

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Court No. - 78

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HON'BLE NAND PRABHA SHUKLA, J.

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Heard Sri Chandra Prakash Mishra, holding brief of Sri Piyush Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The present application under Section 528 B.N.S.S. has been preferred to stay the effect and operation of impugned non-bailable warrant dated 29.04.2025 and direct the applicant to appear before the learned court below and also direct the learned court to decide the bail application of the applicant expeditiously as per Satyendra Kumar Until guidelines and also protect the applicant from any coercive measures entrusted against him in pursuance of N.B.W. dated 29.04.2025 in Case No. 763 of 2023 (State Vs. Anjani Kumar Dwivedi and others) arising out of Case Crime No. 0385 of 2020, under Sections 147, 148, 323, 324, 452, 504, 506, 308 and 325 IPC, Police Station-Manda, District-Prayagraj.

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From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicant. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 B.N.S.S. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required.

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Accordingly, prayer of the applicant is refused.

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NA528 No. 33957 of 2025

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However, considering the prayer made by learned counsel for the applicant, it is directed that in case the applicant applies for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.

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For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant in Case No. 763 of 2023 (State Vs. Anjani Kumar Dwivedi and others) arising out of Case Crime No. 0385 of 2020, under Sections 147, 148, 323, 324, 452, 504, 506, 308 and 325 IPC, Police Station-Manda, District-Prayagraj.

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With the above observations, this application under Section 528 B.N.S.S. is disposed of .

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September 8, 2025 Shivani

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(Nand Prabha Shukla,J.)

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Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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