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2025 DAILYLAW 102493 (ALL)

AKBAR v. STATE OF U.P. AND ANOTHER

NA528/37989/2025 · 2025-09-25

Vikas Budhwar

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37989 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Ram Kumar Dubey, learned counsel for the applicant as well as learned AGA for the State/opposite party no.1. 2. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceedings of Complaint Case No. 4721 of 2023, under Section 138 of N.I. Act, Police Station Majhola, District Amroha and summoning order dated 05.10.2024, pending before the court of learned Additional Court, 138 N.I. Act, Amroha. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. 4. However, he, after brief submissions, confined his relief for consideration of bail in light of the judgment passed by Hon'ble Apex Court 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. 5. Learned AGA on the other hand submits that he has no objection to the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the interference to charge-sheet is declined and the application stands disposed of granting liberty to the applicant to prefer appropriate proceedings/ application before the court below by 17th October, 2025, the same shall be considered with most expeditions in light of the judgment in Versus Counsel for Applicant(s) : Ram Kumar Dubey Counsel for Opposite Party(s) : G.A. Akbar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another(supra) with relation to enlargement on bail. 7. In the opinion of the Court, once a bail application is preferred then the same shall be considered with most expeditions strictly as per the law of the land without any delay. 8. Till the bail application is decided, no coercive action shall be taken against the applicant in pursuance of Complaint Case No. 4721 of 2023, under Section 138 of N.I. Act, Police Station Majhola, District Amroha and summoning order dated 05.10.2024, pending before the court of learned Additional Court, 138 N.I. Act, Amroha. 9. In case of default of any of the conditions of the order, the direction shall stands vacated. September 26, 2025 #Vik/- NA528 No. 37989 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad