Vinod Kumar and Another Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

Vinod Kumar and Another Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the applicant to prefer appropriate proceedings/application for enlargement on bail before the court below by 10.10.2025, to be considered with most expedition in light of Satender Kumar Antil Vs. Central Bureau of Investigation and another; till disposal of the application, no coercive action pursuant to the NBW dated 23.07.2018, subject to compliance with the terms, conditions and timeline, failing which the protection stands vacated without reference to the Bench.

Issue for consideration

Whether the non-bailable warrant dated 23.07.2018 issued in complaint case no. 1923 of 2022 should be quashed, given that learned counsel, on instructions from his client, confined relief to enlargement of bail before the court below. +1 more

Court's answer

The application stands disposed of, granting liberty to the applicant to prefer appropriate proceedings/application before the court below by 10.10.2025; the same shall be considered with most expedition in light of the judgment of Satender Kumar Antil Vs. Central Bureau of Investigation and another with relation to enlargement on bail.

Ratio / Principle

Till the disposal of the application, no coercive action shall be taken against the applicants with respect to the further proceedings pursuant to the non-bailable warrant dated 23.07.2018 issued by the Additional Chief Judicial Magistrate (Jalesar) Court, Etah.

Key takeaways

The interim protection accorded to the applicants is available only subject to compliance of the terms and conditions and timeline provided herein, and in case of default the order shall stand vacated without reference to the Bench.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 75, Hon'ble Vikas Budhwar, J.; September 24, 2025) disposed of Application U/S 528 BNSS No. 37368 of 2025 by Vinod Kumar and another (counsel: Vikram Shah Sisodia) versus State of U.P. and another (G.A.). Though preferred for quashing of the Non-Bailable Warrant dated 23.07.2018 issued by the Additional Chief Judicial Magistrate (Jalesar) Court, Etah in complaint case no. 1923 of 2022 (Smt. Bhagwan Devi Versus Vinod Kumar and others) under sections 323,504,506, 498A I.P.C. and 3/4 Dowry Prohibition Act, police station Jalesar, District Etah, counsel confined relief to enlargement of bail before the court below; learned A.G.A. raised no objection. Liberty was granted to prefer appropriate proceedings/application before the court below by 10.10.2025, to be considered with expedition in light of Satender Kumar Antil Vs. Central Bureau of Investigation and another (S.L.P. No.5191 of 2021, decided 07.10.2021) with relation to enlargement on bail. Until disposal of the application, no coercive action pursuant to the said NBW; the protection is conditional on compliance with the terms, conditions and timeline and stands vacated on default without reference to the Bench.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 37368 of 2025

Vinod Kumar And Another

	Versus		.....Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)		:	Vikram Shah Sisodia
Counsel for Opposite Party(s)		:	G.A.

Court No. - 75

HON'BLE VIKAS BUDHWAR, J.

Sri Vikram Shah Sisodia, learned counsel for the applicants on instructions received from his client submits that though the application u/s 528 BNSS has been preferred by the applicant for quashing the Non Bailable Warrant dated 23.07.2018 issued by the Additional Chief Judicial Magistrate (Jalesar) Court, Etah in complaint case no. 1923 of 2022 (Smt. Bhagwan Devi Versus Vinod Kumar and others) under sections 323,504,506, 498A I.P.C. and 3/4 Dowry Prohibition Act police station Jalesar District Etah, pending before the Additional Chief Judicial Magistrate (Jalesar) Court Etah, however, he confines his relief only to the extent of enlargement of bail before the court below.

Learned A. G.A. has no objection to the same.

Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of granting liberty to the applicant to prefer appropriate proceedings/ application before the court below by 10.10.2025, the same shall be considered with most expeditions in light of the judgment in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another; decided on 07.10.2021 in S.L.P. No.5191 of 2021 with relation to enlargement on bail.

Till the disposal of the application, no coercive action shall be taken against the applicants with respect to the further proceeding of Non Bailable Warrant dated 23.07.2018 issued by the Additional Chief Judicial Magistrate (Jalesar) Court Etah in complaint case no. 1923 of

NA528 No. 37368 of 2025

2

2022 (Smt. Bhagwan Devi Versus Vinod Kumar and others )under sections 323,504,506, 498A I.P.C. and 3/4 Dowry Prohibition Act police station Jalesar District Etah,pending before the Additional Chief Judicial Magistrate (Jalesar) Court Etah.

The protection accorded to the applicants is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench.

(Vikas Budhwar,J.)

September 24, 2025

piyush

Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad