Sushil Kumar v. State Of U.P. Thru. Prin. Secy. Home Deptt. Sectt

#1. Heard learned counsel for the applicant as well as learned A.G.A. for the State.

#2. The present 482 Cr.P.C. application has been filed to quash the impugned non bailable warrant dated 08.10.2025 passed by the court of Additional Chief Judicial Magistrate, Bahraich in Criminal Case No. 601 of 2019 (State Vs. Sushil) arising out of Case Crime No. 180 of 2018 under Section 406, 420, 379 I.P.C. registered at Police Station-Dargah Ssarif, District-Bahraich.

#3. Learned counsel for the applicant does not want to press the prayer made in the application. He confines his prayer only to the extent that a direction be given to the court concerned to decide the bail application of the applicant in the light of the law laid down by the Apex Court in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation, reported in 2021 (10) SCC 773.

#4. Learned AGA is having no objection, if such a direction is given to the court concerned to decide the bail application of the applicant in the light of the judgment of the Apex Court in the cases of Satender Kumar Antil (supra).

#5. Considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall surrender before the 2 A482 No. 10621 of 2025 concerned court below within 30 days from today and in case he applies for bail, the bail application of the applicant shall be disposed of expeditiously by the court below in accordance with law and keeping in view the guidelines as laid down by the Apex Court in the case of Satender Kumar Antil (supra).

#6. For the period of 30 days from today or till the time of surrender of the applicant before the concerned court below, whichever is earlier, applicant shall not be arrested in the above case.

#7. With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of. December 18, 2025 Karan (Divesh Chandra Samant,J.)