Akash Tiwari Urf Rahul Tiwari Vs State of… — Murder and Culpable Homicide | Allahabad HC (2025)

Akash Tiwari Urf Rahul Tiwari Vs State of… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction to the court below to consider and decide expeditiously, in accordance with law, the applicant's application for recall/cancellation of the Non-Bailable Warrant or bail upon his appearance/surrender within four weeks; and interim protection that no coercive action be taken against the applicant for four weeks or until he appears/surrenders, whichever is earlier.

Issue for consideration

Whether a direction should issue to the court below (Additional Sessions Judge, Court No.9, Allahabad) to consider and decide expeditiously the applicant's application for recall/cancellation of the Non-Bailable Warrant or his bail application, in accordance with the law laid down in Satendra Kumar Antil v. CBI.

Court's answer

In case the applicant appears/surrenders before the court below within four weeks from the date of the order and applies for recall/cancellation of the Non-Bailable Warrant or for bail, the same shall be considered and decided expeditiously in accordance with law.

Ratio / Principle

For a period of four weeks from the date of the order, or till the applicant appears/surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against the applicant.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Jitendra Kumar Sinha, J.), by order dated September 24, 2025, disposed of an application under Section 528 BNSS (No. 35739 of 2025) filed by Akash Tiwari Urf Rahul Tiwari seeking quashing of the order dated 19.4.2025 passed by the Additional Sessions Judge, Court No.9, Allahabad in S.T. No. 241 of 2019, arising out of Case Crime No.1525 of 2018 under Sections 302, 364, 201 IPC, Police Station Naini, District Prayagraj. Counsel for the applicant confined the prayer to a direction that the applicant's application for recall/cancellation of the Non-Bailable Warrant or for bail be considered and decided expeditiously in accordance with the law laid down in Satendra Kumar Antil v. Central Bureau of Investigation and another, 2021 SCC Online SC 922; the learned AGA had no objection. The Court directed that if the applicant appears/surrenders before the court below within four weeks and applies for recall/cancellation of the NBW or for bail, the same shall be considered and decided expeditiously in accordance with law; and that for four weeks, or till such appearance/surrender, whichever is earlier, no coercive action shall be taken against the applicant. With these observations, the application stood disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 35739 of 2025

Akash Tiwari Urf Rahul Tiwari

.....Applicant(s)

	Versus
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Adarsh Kumar Shukla	Shukla,	Sunil Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

Supplementary affidavit filed by learned counsel for the applicant is taken on record.

Heard Shri A.K. Shukla, learned counsel for the applicant and Shri B.P. Singh, learned AGA for the State.

This application under Section 528 BNSS has been preferred for quashing the order dated 19.4.2025 passed by learned Additional Sessions Judge, Court No.9, Allahabad in S.T. No. 241 of 2019 arising out of Case Crime No.1525 of 2018 under Sections 302, 364, 201 IPC, Police Station Naini, District Prayagraj.

Learned counsel for the applicant confines his prayer that a direction may be issued to the court concerned to consider and decide his application for recall/cancellation of Non-Bailable Warrant or for bail application of applicant expeditiously in accordance with the law laid down in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

Learned AGA has no objection to the aforesaid prayer.

In view of the aforesaid, it is directed that in case the applicant appears/surrenders before the court below within a period of four weeks from today and applies for recall/cancellation of Non-Bailable Warrant or for bail, the same shall be considered and decided expeditiously in

NA528 No. 35739 of 2025

2

accordance with law. For a period of four weeks from today or till the applicant appears/surrenders before the court concerned, whichever is earlier, no coercive action shall be taken against applicant.

With the aforesaid observations, the present application stands disposed of.

(Jitendra Kumar Sinha,J.)

September 24, 2025 Madhurima

Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad