Maiser@ Mahsar and Anotehr vs State of Up and Another — Allahabad HC (2026) — LawSathi Research

Maiser@ Mahsar and Anotehr vs State of Up and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Application finally disposed of with a direction to the court concerned that, if the applicant surrenders within four weeks and applies for bail in pursuance of the NBW order dated 24.12.2021, the bail application shall be considered and decided expeditiously in accordance with settled law; no coercive action against the applicant for four weeks; NBW to be executed without delay if the applicant fails to appear or participate in the trial within the time fixed by the Court.

Issue for consideration

Whether the application under Section 482 seeking quashing of the proceedings in Criminal Case No.595/9 of 2017 should be disposed of with a direction that, upon the applicant's surrender and bail application in pursuance of the NBW order dated 24.12.2021, bail be considered and decided expeditiously.

Court's answer

The application is finally disposed of with a direction that if the applicant surrenders before the court concerned within four weeks and applies for bail in pursuance of the NBW order dated 24.12.2021, the same shall be considered and decided expeditiously in accordance with settled law.

Ratio / Principle

Till four weeks from the date of the order, no coercive action shall be taken against the applicant in the present case.

Key takeaways

If the applicant fails to appear or participate in the trial proceedings within the time fixed by the Court, the non-bailable warrant shall be executed against the applicant without delay.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Vivek Kumar Singh, J.) finally disposed of an application under Section 482 seeking quashing of the entire proceedings of Criminal Case No.595/9 of 2017 (State vs. Mahesar and others), arising out of case crime no.262 of 2015 under Sections 376D and 506 IPC, Police Station Chhapar, District Muzaffarnagar, pending before the Additional Chief Judicial Magistrate, Court no.1, Muzaffarnagar. Counsel for the applicants confined the prayer to a direction that, upon surrender within four weeks and a bail application in pursuance of the NBW order dated 24.12.2021, bail be considered and decided expeditiously in accordance with settled law, to which the AGA had no objection. The Court issued the direction, clarified that no coercive action would be taken against the applicant for four weeks, and directed that the non-bailable warrant be executed without delay if the applicant failed to appear or participate in the trial within the time fixed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 495 of 2024

Maiser@ Mahsar And Anotehr

	Versus .....Applicant(s)
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s)	: Bipin Kumar
Counsel for Opposite Party(s)	: G.A., Mohd. Naushad Siddiqui

Court No. - 80

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for applicant and learned AGA.

The present application has been preferred for quashing the entire proceedings of the Criminal Case No.595/9 of 2017 (State vs. Mahesar and others), arising out of case crime no.262 of 2015, under Sections 376D, 506 IPC, Police Station Chhapar, District Muzaffarnagar, pending in the court of Additional Chief Judicial Magistrate, Court no.1, Muzaffarnagar.

After arguing at some length, learned counsel for applicant confined his prayer only to the extent that the present application may be disposed of finally with a direction to the court concerned that in case applicant surrender before it and applies for bail in pursuance of NBW order dated 24.12.2021 the same may be considered and decided expeditiously in accordance with law to which learned AGA has no objection.

In view of the aforesaid, the instant application is finally disposed of with a direction to the court concerned that in case, the applicant surrenders before the court concerned within a period of four weeks from today and applies for bail in pursuance of NBW order dated 24.12.2021 the same shall be considered and decided expeditiously in accordance with settled law.

It is made clear that till four weeks from today, no coercive action shall be taken against the applicant herein in the present case. However, if the

A482 No. 495 of 2024

2

applicant fails to appear or participate in the trial proceeding within the time fixed by this Court, non bailable warrant shall be executed against the applicant without delay.

(Vivek Kumar Singh,J.)

May 12, 2026 Nitendra

Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad