Dayaram v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34929 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State-respondents and perused the material available on record.

¶2Instant petition under Section 528 BNSS has been filed with a prayer to quash the impugned Non Bailable Warrant order dated 28.04.2025 in SC No.21/2024, arising out of Case Crime No.75 of 2024, under Section 304 IPC, P.S. Garautha, District Jhansi, pending in the court of Additional District Judge, Gauratha, Jhansi.

¶3The prayer made in the present application is regarding quashing of NBW issued against the applicant in said criminal case, the present application may be finally disposed without issuing notice to opposite party.

¶4Leaned counsel for the applicant submits that applicant was enlarged on bail in respect of present matter by order of this Court dated

06.09.2024 passed in Criminal Misc. Bail Application No.29768 of 2024. According to prosecution version, on 16.04.2024 at around 13:30 hours, the applicant approached the deceased, who was his grand mother, aged about 90 years, and demanded money out of her old age pension, due to which some verbal altercation took place between them. The applicant pushed the old lady, she fell down on platform of the temple and received injuries on her head, due to which, she died on the way to hospital.

¶5Learned counsel for the applicant further submitted that the trial has Versus Counsel for Applicant(s) : Vinay Kumar Singh Counsel for Opposite Party(s) : G.A. Dayaram .....Applicant(s) State of U.P. and Another .....Opposite Party(s) proceeded at the stage of prosecution evidence. The applicant failed to appear on 28.04.2025 as a result, NBW followed and subsequently, the court issued process under Section 82 Cr.P.C. on 28.05.2025 without making any further observation. The applicant is labour by profession and had gone to Delhi to earn his livelihood. His counsel before the court below assured him that he will look after the case in his absence, in the meanwhile, he got fracture in his left leg on 10.04.2025 and he received treatment in a private hospital in Sarai District Jhansi. The photograph and medical paper has been filed as annexure No.5 to this affidavit. He lastly submitted that this Court may direct for cancellation of NBW issued against the applicant, so that he may appear before the court below and file appropriate application in this regard.

¶6Per contra, learned A.G.A. submitted that there is no illegality in the impugned order.

¶7Considering the rival submissions of the parties and facts and circumstances of the case, it is directed that the applicant shall appear before the court below within a month from today and file an application for fresh bail, and which shall be allowed by the court below on such terms as the court thinks fit subject to condition that he will appear on dates fixed, as per directions of that Court.

¶8The NBW issued against the applicant shall remain in abeyance for a period of one month or till filing of application for fresh bail whichever is earlier.

¶9The petition under Section 528 stands disposed of. September 26, 2025 Ashish/- NA528 No. 34929 of 2025 (Ram Manohar Narayan Mishra,J.) High Court of Judicature at Allahabad